Legal Question in Family Law in New Jersey

Child Support

How often can the child support be recalculated?


Asked on 11/07/08, 10:31 am

4 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Child Support

Every 3 years or when there is a change in circumstances.

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Answered on 11/07/08, 10:49 am
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Child Support

When sufficient circumstances are present, a child support obligation can be modified. New Jersey law requires that the person who seeks to modify a support award must prove that there has been a "change in circumstances." The phrase "change of circumstances" is a very broad legal term of art. There are literally hundreds of cases that discuss what is a "change of circumstances." Either party can file a motion for an increase/decrease in child support with the clerk. The parties must submit a completed CIS, income info, and the normal motion package.

In my experience, it is very difficult for a payor to have child support lowered on the grounds that he lost his job or received a decrease in pay. In most of these cases, the court will temporarily reduce child support, and give the payor time to find better employment. Motions to reduce child support are usually only granted if the payor can prove that he has health problems that limit his earning abilities.

All child support orders are adjusted every two years to reflect any increase in the cost of living. The cost of living adjustment will be based on the average change in the Consumer Price Index (CPI) for New Jersey.

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.

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Answered on 11/07/08, 10:50 am
Gary Moore Gary Moore Attorney At Law

Re: Child Support

Except for automatice cost of living annual adjustments child support remains unchanged until there is a substantial, permanent and involuntary

change in the financial circumstances of the parties, upward or downward.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/07/08, 1:34 pm
Gary Moore Gary Moore Attorney At Law

Re: Child Support

Except for automatice cost of living annual adjustments child support remains unchanged until there is a substantial, permanent and involuntary

change in the financial circumstances of the parties, upward or downward.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 11/07/08, 1:34 pm


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