Guide to Modifying Child Support in New Jersey

Has your child support been enough to support your growing child and their increasing needs? It is important to know that child support is not set in stone and can be modified to provide a fair livelihood for you and your child if certain legal requirements are met.

There are many situations where it is justified to adjust your child support. If you or your coparent have undergone financial changes, or if your child has new needs, you can receive more monetary assistance by consulting a child support attorney to calculate how much you should be receiving. Our firm is ready to guide you through modifying child support in New Jersey.

When Can Child Support Orders be Modified?

When a parent’s income has either increased or decreased by 25%, this serves as grounds for a change in the support order, with certain exceptions. If a parent’s income increases or decreases by less than 25% you may still request a change, but it is not guaranteed that a court will grant it.

If the child’s needs increase because of an illness or disability, this can also serve as grounds to increase support. Also, as the child ages, their costs of living may increase, which may also justify a raise in a support order.

Child support can be modified if you are able to justify why it is necessary by demonstrating a permanent, substantial, and involuntary change in circumstances. Evidence of this can include increased or decreased income, loss of income, or proof that a child’s needs have increased.

How Do You Request a Child Support Amount Change?

In New Jersey, a parent seeking to modify child support must file a motion in the Superior Court. A parent must file the motion in the county in which they entered the support order.

Common Mistakes When Making Changes to the Support Order

The most common mistake is when parents create an oral agreement modifying the child support. This can cause major issues in the future because oral agreements are informal and usually vague, which could cause a disagreement or misunderstanding. Additionally, the court may decline to enforce an oral agreement modifying child support. If the court declines to do so, this can result in overpayment or underpayment of child support that the court will also decline to remedy.

Speak With a New Jersey Family Law Attorney About Adjusting Your Child Support

If you believe your child’s, coparent’s, or your own financial situation has changed, consult with a legal professional from Moskowitz Law Group for assistance in estimating how much a new child support order could be. We can provide a guide to modifying child support in New Jersey.