One of the key components of divorce in Passaic county and New Jersey for marriages involving children is child support. During the divorce process your family lawyer and the courts will analyze various factors to establish if child support will be included in a divorce settlement. The courts will take into consideration your income, your spouse’s income, if support should exist and determine an arrangement based on these listed components. However, what if these aforementioned factors change after a child support agreement is reached? Can you modify your child support arrangement? If so what is the process and is it worth pursuing?
Everyday across Northern New Jersey professionals undergo career change, promotions, loss of employment, and a multitude of other changes in their professional lives. These aforementioned events are often coupled with a change in a professional’s economic standing in which some cases can be significant. One’s new job may be accompanied by a significant financial raise for example. An individual may also decided to change industries and or verticals for personal reasons including interests, flexibility or lifestyle. These job changes can often result in a decrease in salary. In the worst case scenario a professional may even laid off or let go from their job. In the state of New Jersey, the courts recognize that these factors exist and that modification to child support agreements can be essential in order to remain fair and effective for both parties. Below we will take a look at some of the factors that impact changing your child support agreement and what you should know if you are considering the process.
New Jersey Law states that a child support agreement can be potentially modified in the presence of “Changed Circumstances”. The defined changed circumstances must be “permanent, substantial and unanticipated”. This requirement can have serious implications on the child support modification process. For example, a spouse may attempt to modify their child support agreement after loosing a job. In this scenario, “changed circumstances” do not apply and can not impact a child support agreement. According to the law, simple loss of employment does not necessarily entitle a person to a modification. The loss of a job is not considered “permanent” by the court, as there is an implied expectation that the individual will return to the workforce. In an entirely separate set of circumstances, an individual may make a career change that results in a decrease to their salary and or compensation. Under these circumstances, the chance for a child support modification is minimal based on the fact that the said career change was intended and does not meet the requirements of ” Changed Circumstance”. The burden to prove and or justify a change in a child support agreement falls on the applicant in all most all circumstances. If you are considering applying for a change in your child support agreement you will be required to present all pertinent information such as income stubs, employment history, etc The process and paperwork associated with any modification can seem like a daunting task and requires quality consul to be your advocate throughout the process.
Contact Our Passaic County NJ Child Support Lawyers
The offices of Del Sardo & Montanari have handled countless of theses cases for their clients in Passaic County including towns such as Clifton, Wayne, Little Falls, and Woodland Park. Our attorneys treat each case with the respect and diligence they require, striving to honor the firm’s mission “from our view all challenges are surmountable”.Contact our law offices today at 973.233.4396 for your free legal consultation.