New Jersey Child Support Modification Attorney
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? The Montanari Law Group can also make this whole process much more manageable and swift. Need help modifying your child support agreement? Our New Jersey family law attorneys serve clients in Wayne, Montclair, Nutley, West Orange, Verona, Cedar Grove, Totowa, North Caldwell, Glen Ridge, Woodland Park, and throughout Northern New Jersey. Contact us today at (973) 233-4396 for a free consultation.
NJ Child Support Modification Requirements and Valid Grounds
Child support orders cannot just be altered by a simple and quick handshake type of agreement between the parents––no matter how civil and easygoing the relationship might be. Modifying child support means taking legal action to change or add to existing terms that have been issued by the court. The process of requesting modifications promises that any changes are appropriately, accurately, fairly documented, enforceable, and also equitable. Without valid grounds, courts are unlikely to just grant a modification. You must substantiate your reasoning behind a request, like demonstrating how certain circumstances have meaningfully changed since the agreement was last approved. 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.
Changed Circumstances
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. The burden to prove and or justify a change in a child support agreement falls on the applicant in 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 legal counsel from an attorney who can be your advocate throughout the process.
Career Changes
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 decide 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 be laid off or let go from their job.
For example, a spouse may attempt to modify their child support agreement after losing 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”.
Health-Related Expenses
Valid grounds for modification do exist and usually involve major changes in circumstances that directly impact the child’s needs or a parent’s ability to fulfill their financial obligations. One of the most compelling reasons for change is the medical expenses for a child. When a child is facing a significant illness or develops a disability, the costs for appointments, necessary treatments, medications, therapy, specialized care, and more can quickly exceed what was once anticipated and established as adequate support. These expenses can easily necessitate a change, meaning an increase to the current standing support amount or arrangement so that the child’s needs can be met without one parent being solely financially burdened.
Child Development Stages
Changes in a child’s needs also serve as common grounds for seeking support adaptations. As kids grow up, educational and extracurricular activities can add increased expenditures as well as developmental needs can also grow dramatically. A child requiring tutoring services can need an increase in financial support. Likewise, participation in costly extracurriculars like competitive sports or arts programs can usher in financial obligations that justify revisiting the original child support terms and order.
Relocating Parents
Another potential basis for modification arises when one parent relocates. Relocation can affect not only parenting travel expenses but also add pressure to the overall custodial arrangement. If a parent moves a lot further away, it could be reason enough to adjust the child support. The order must account for additions in travel costs or changes in the custody schedule or share of total custody time. These types of situations can shake up your finances and thus the financial dynamics of an arrangement, prompting the need for court intervention.
Household and Relationship Changes
A change in household, whether a relationship has moved to the next level or a remarriage has occurred––cohabitation can bring about changes to child support obligations. If you have a new partner who is now contributing to household expenses, it could reduce the financial strain on the parent who’s receiving the support. Although the new partner’s income is not directly considered for child support calculations, the court could consider it as a factor in the overall change in household expenses when evaluating whether the child’s financial needs are being met in an equitable fashion.
Updates for Retirement, Incarceration, and Life Events
Other life events, like incarceration or retirement, can play a big part in a parent’s ability to contribute and meet their child support duties. Incarceration usually means a lack of income, making it nearly impossible for the paying parent, if incarcerated, to fulfill the court-ordered obligations without some adjustment. Similarly, retirement typically involves a reduction in income, which could warrant a reassessment of child support payments. Courts will very closely and carefully scrutinize whether a parent’s decision to retire was voluntary or necessary. Voluntary retirement without sufficient justification may not qualify as valid grounds for modification.
Top Reasons Child Support Change Requests Get Rejected in NJ
It is equally critical to have a grasp of what the courts don’t consider valid justifications for wanting to adjust child support. Temporary financial setbacks, such as short-term unemployment and seasonal work changes in income, are all usually not qualifiers for support alterations. Similarly, disputes stemming from parents over unrelated matters like different parenting styles or new family dynamic arguments are unlikely to sway the judge to adjust the support structure or revise payment amounts.
Filing a Motion to Modify Child Support in New Jersey Courts
The process of modifying child support starts with clarifying what you are requesting, and it’s best to do this with your attorney. Next, you will need to mark the start of the process by filing a motion with the Family Courts of New Jersey. The parent who is seeking the modification has to be able to clearly articulate the considerable reason for the change and demonstrate the substantial change in circumstances that merits a review. Once a motion is properly filed, the other parents must be served with the motion and given a fair chance to respond back to it. The process allows both parties to be fully informed and active participants in the legal process. Along the way, you want to make sure you are documenting everything during the modification process.
The petitioning parent is going to need to submit financial affidavits along with claim-supporting evidence, all illustrating when, how, and why their situation has changed. The type of evidence can vary depending on the reason for the change you are requesting. For instance, you may want to include proof of medical costs, records of income changes, or evidence of altered parenting time arrangements. Either way, you want thorough and accurate documentation to strengthen your claim and case to help the court make an informed and correct decision on the matter. There, the judge will evaluate the various elements and then determine whether or not a modification is needed. If the modification is approved, the judge will issue a new court order that reflects all the necessary revisions.
Talk to a NJ Family Lawyer About Modifying Child Support in Your Situation
It’s easier for some than for others to speak up when things get unjust or imbalanced in a co-parenting relationship, which is why having an attorney to advocate for you can be an instrumental tool. Our skilled New Jersey child support attorneys can build confidence in you by informing you of your rights and making sure you have the right evidence to illustrate the need for change. Moreover, our family lawyers at The Montanari Law Group are compassionate, attuned, and adept at presenting cases clearly and compellingly based on each of our client’s unique needs and circumstances. We have successfully handled countless child support modification requests on behalf of clients in Clifton, Little Falls, Passaic County, Bergen County, Essex County, Hudson County, and throughout Northern New Jersey. Our attorneys treat each case with the respect and diligence it requires, striving to honor the firm’s mission “from our view all challenges are surmountable.” Contact our law offices today at (973) 233-4396 for free legal consultation.