What is child support modification?
Child support modification is the legal process of changing an existing child support order due to a substantial change in circumstances.
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Modifying Child Support
If you are involved in a case in which child support arrangements may be modified, contact Bhatt Law Group at (201) 798-8000 . Our team of family law attorneys has extensive experience in child support issues and can help you either request or contest a modification of child support arrangements.
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Child support is a complex issue in family law, and modifying child support is not as simple as making a mere request. When a court issues a child support order, it is meant to ensure that parents provide for a child’s basic needs for food, housing, clothing, healthcare, and education. Therefore, changing a child support arrangement can only take place by filing a motion with the court and providing necessary evidence, especially if the other parent contests it.
If you are involved in a case in which child support arrangements may be modified, contact Bhatt Law Group at (201) 798-8000 . Our team of family law attorneys has extensive experience in child support issues and can help you either request or contest a modification of child support arrangements.
Change in Circumstances Required
In New Jersey a parent may be able to ask a court to modify a child support order if they can prove a change in circumstances. The change can’t be temporary or only likely to happen in the future. The parent asking for modification has to show that the change has already taken place and is permanent, substantial, and unanticipated. The court may also consider whether the change in circumstances was voluntary, motivated by the desire to avoid paying child support obligations, or renders the paying spouse completely unable to pay.
The change in circumstances may include any of the following:
- The paying spouse experiences an increase or decrease in income (e.g. termination, promotion, change in employment, inheritance, etc.)
- Either parent experiences a long-term illness or becomes disabled after the court’s original child support order
- A substantial change in the length of time that a child spends in one parent’s home as opposed to the other parent’s home
- A substantial change in the child’s needs, such as entry into college or the need for long-term medical treatment
Steps to Request Modification
If you are seeking to modify a child support arrangement, you must file a motion with the court. The motion can either be a request by the paying parent for a decrease in child support or a request from the receiving parent for an increase in payments. The motion must present facts that support the request.
The court will review the request and may schedule a hearing. During the hearing the parties must submit evidence of their respective financial conditions, and anything else relevant to the motion. The judge will then consider what is in the child’s best interest to reach a decision.
An Experienced Jersey City Child Support Lawyer Can Help
The process of modifying child support can be complicated. If you are trying to alter child support arrangements or prevent them from being changed, you need an attorney by your side. Bhatt Law Group can help you every step of the way of the child support modification process. Our experienced Jersey City child support lawyers have decades of combined experience in helping people in New Jersey with child support issues.
Contact us today to speak with one of our skilled attorneys by calling (201) 798-8000 for a free initial consultation.
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Frequently Asked Questions
What qualifies as a change in circumstances for child support?
A change in circumstances can include a significant change in income, long-term illness or disability, changes in the child's living arrangements, or increased needs of the child.
How do I request a modification of child support?
To request a modification, you must file a motion with the court that includes supporting facts for your request.
Can I contest a child support modification?
Yes, if you are the other parent, you can contest a modification request during the court hearing.
What evidence is needed for a child support modification hearing?
You will need to present evidence of your financial condition and any other relevant information that supports your request for modification.
Is it necessary to have a lawyer for child support modification?
While it's not required, having an experienced attorney can help navigate the complexities of the modification process.
What happens if my modification request is denied?
If your request is denied, the existing child support order remains in effect, and you may need to wait for a significant change in circumstances to reapply.
How long does the child support modification process take?
The duration can vary, but it typically involves filing a motion, scheduling a hearing, and waiting for the court's decision.
Can I modify child support if the other parent agrees?
Even with agreement, you must still file a motion with the court to officially modify the child support order.
What should I do if I need to modify child support?
Contact Bhatt Law Group at (201) 798-8000 for a free consultation to discuss your situation and options.