Legal Question in Family Law in New Jersey
Child Support Modification
Divorced about 2 years. I agreed in property settlement agreement to $300 per week for child support for one child (knowing this was about $100 more than what is calculated). We used one attorney to get this done cleanly. My ex got remarried and have a home with her husband. Since the property settlement agreement states $300 per week can this be modified? I am not looking to get out of the child support I just want to have it reclcuated to what the formula says I should be paying.
2 Answers from Attorneys
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.
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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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