Child support is a notoriously hot-button topic in family law cases. Issues involving children and money tend to get emotional, even in the best of times. Depending on the circumstances of both parties at the time of the child support ruling and how long ago that was, you may be considering approaching the court for a child support modification in NJ. However, the process behind a modification can be complex and challenging for everyone involved.

To ensure that you get the fair outcome you deserve, it’s important to partner with a Millburn family law attorney. Today, the team at Goodgold West & Bennett LLC is here to discuss some of the main things you need to know about the modification of child support.

When Can You Modify Child Support in NJ

It’s not uncommon for a parent’s financial situation to change regardless of whether they’re the one that pays or receives the child’s support. Should the circumstances change in a significant way, either parent has the right to request that the amount, frequency, or length of the payments be changed.

Changes cannot be asked for or made for any reason, however. One or both of the parents must have had a substantial change in their situation since the original child support order was put into effect. To qualify as a significant change, the change in question must be one that was not known or foreseen when the original ruling was made by the court.

What Are the Reasons for Modifying Child Support?

When the ruling for child support is first made, the judge determines the amount based on a variety of factors in each of the parents’ lives, as well as the New Jersey Child Support Guidelines. To modify the payments, at least one of the following factors must be in play:

• A change in custody arrangements
• Serious illness of a parent or child
• Loss of a home for one of the parents
• Disability of one of the parents
• A significant decrease or increase in the income of one of the parents
• Increase or decrease in the cost of daycare expenses for the children
• Increase or decrease in the cost of health insurance for the children
• Increase or decrease in the number of overnight stays one parent exercises

Please keep in mind that every situation is unique and there may be other factors that warrant asking for a modification. Our team of experienced Millburn family attorneys can help you review your case and determine if you have grounds to ask for a change to child support payments.

How To Modify NJ Child Support

Oftentimes, a judge may expect that you and the other parent have made an effort to try to negotiate with each other before approaching the court for a modification. This, of course, may not be a viable, or even wise, option for many couples. Instead, it’s often a much better option to communicate through your respective attorneys in an attempt to reach an agreement. Should you be successful in coming to an agreement on the modification, the two of you and your lawyers can present your new agreement to the court for filing.

In the event that you cannot reach an agreement on your own, you will need to file a request with the court to modify the support payments instead. As the party requesting a modification, you’ll likely be asked to explain or argue your case before a judge and convince them that you have a valid reason to have the payments changed. This will probably involve discussing the specifics of your income or the other factor(s) behind your request.

Both parents will be asked to appear in court and provide all of the current, relevant information to the court for a judge to review. Once your arguments are heard, and the facts of the situation are taken into account, the judge will make the final ruling.

Get Help With the Modification of Child Support at GFB

When you are looking to revisit or recalculate your child support payments, whether you’re the one paying or receiving the money, the team of Millburn family attorneys at Goodgold West & Bennett LLC is here to help. With our experience and insight into the factors that influence child support, we can help you reach a fair and just ruling in your case.