Legal Question in Family Law in New Jersey

Re: Child Support Modification

Child support is never a fixed number. However, there has to be a substantial change in circumstances to warrant a modification of the child support.

In Camden County, the presiding family law Judge requires a real showing of that change, and, in my experience just because your ex got remarried, that event will not qualify for a reduction in child support. Child support is based on your income and the income of your ex (it cannot include her new husband's income). If your income or her income (without the new husband) has substantially changed, you can file to have it reviewed.

I would also suggest that you have an attorney review your PSA to see if there is something in that agreement that might be able to be used to your advantage.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Child Support Modification

Generally speaking, child support can be modified based on a change of relevant circumstances. Depending on the facts, that can include even the passage of time. If an obligee remarries and is now getting additional financial assistance from the new spouse, that usually can be used as the basis for recalculating child support.

Your legal rights depend, in large part, on the content of your settlement agreement. You should have that reviewed by a qualified attorney who also can get more information about your particular situation. Those are necessary to provide you with legal advice specific to your situation.

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