REASONS TO MODIFY CHILD SUPPORT

BLOG

REASONS TO MODIFY CHILD SUPPORT

 Reasons to Modify Child Support

In order to win a child support modification, you must show a change in circumstances. What is a change in circumstance that qualifies as a reason to modify child support? In order to convince a court to adjust child support payments you have to show an involuntary and significant increase in the payer’s income (if you are seeking an increase in child support) or decrease in the payer’s income (if you are the payer and have suffered a decline in your income. The change in circumstance must be involuntary. This means that you cannot quit your job and then ask the court to reevaluate child support because you have no income. The change must also be significant. Significant to one person may be insignificant to another person but we often use a “rule of thumb” of 20% – the payer would have to have suffered a 20% or more involuntary decline in income to justify a modification of child support request.

 

Reasons to Modify Child Support: Adjusting Child Support Payments

 

Although applicable by statute to modifications of alimony, the factors for modifying alimony set forth in N.J.S.A. 2A:34-23k are often used by courts to evaluate a motion for modification of child support. These factors include:

 

(1)The reasons for any loss of income;

(2)Under circumstances where there has been a loss of employment, the obligor’s documented efforts to obtain replacement employment or to pursue an alternative occupation;

(3)Under circumstances where there has been a loss of employment, whether the obligor (the person paying) is making a good faith effort to find remunerative employment at any level and in any field;

(4)The impact of the parties’ health on their ability to obtain employment;

(5)Any severance compensation or award made in connection with any loss of employment;

(6)Any changes in the respective financial circumstances of the parties that have occurred since the date of the order from which modification is sought;

(7)The reasons for any change in either party’s financial circumstances since the date of the order from which modification is sought, including, but not limited to, assessment of the extent to which either party’s financial circumstances at the time of the application are attributable to enhanced earnings or financial benefits received from any source since the date of the order;

(8)Whether a temporary remedy should be fashioned to provide adjustment of the support award from which modification is sought, and the terms of any such adjustment, pending continuing employment investigations by the unemployed spouse or partner; and

(9) Any other factor the court deems relevant to fairly and equitably decide the application.

 

If you feel confident that you can satisfy your reason to modify child support with these elements, the child support modification process starts by first attempting to resolve the issue through negotiation with the payee (the person receiving child support). If that effort is unsuccessful, then you have to seek help from the court to change child support payments. This requires filing what’s called a motion or application asking the court to adjust the child support payments. Your motion should address all of the above factors and provide the court with a complete financial picture of your circumstances.

 

Call us today to schedule an appointment and discuss your reasons to modify child support with an attorney. 

Carolyn B. Hand
Carolyn Hand is a passionate and experienced litigator specializing in family law. In 2020, she was named partner at DeTorres & DeGeorge Family Law. Carolyn represents clients in family court in all matters pertaining to divorce, custody...
Share on:

knowledge & insights

Person dropping change in a jar adding money to their Pension funds.

Pension Rights After Divorce in New Jersey

When spouses divorce, the primary economic focus is on the marital home, the bank accounts of each spouse, their vehicles, and their personal possessions. The equitable division of marital property may also include a business, stocks and bonds, jewelry, and other assets. And,  it’s also...

February 16, 2021 Read More

Writing that says “deferred compensation.”

Is Deferred Compensation a Marital Asset?

Many employers provide a variety of benefits that employees can earn – in time. These executive compensation benefits and employee benefits aren’t payable right away like a paycheck or health insurance benefits. The benefits accrue over time – often by placing funds in a separate account. The...

February 11, 2021 Read More

Two children with their fathers being silly.

LGBT Parental Rights in New Jersey

In 2013, New Jersey legalized same-sex marriages in the New Jersey Superior Court case - Garden State Equality v. Dow. In 2015, the US Supreme Court legalized same-sex marriages in all 50 states in the case of Obergefell v. Hodges. These state and federal marriage decisions also opened the door to...

February 9, 2021 Read More

Divorce: The Answers you Need – Before, During & After

Download our eBook today!

  • This field is for validation purposes and should be left unchanged.

Newsletter

  • This field is for validation purposes and should be left unchanged.
follow us
Top