Child Support Modifications in Hackensack
Serving Families throughout Bergen County
Like alimony, child support in New Jersey is subject to modification based upon a substantial change in circumstances. Often, the change in circumstances concerns a change in one of the parties’ incomes. When modification of child support is premised upon a reduction in income, the party seeking reduction must show that his or her reduction in income is not the result of that party’s voluntary action, and must also show that the reduction is not temporary. Coupled with this requirement is a requirement to show efforts to find new employment.
Discuss your situation with our Hackensack divorce attorneys. Call Laterra & Hodge, LLC at (201) 580-2240.
Sometimes, the modification can be based upon a change in the custody or parenting time arrangement. Since child support is calculated in accordance with the New Jersey Child Support Guidelines, and since the guidelines take into account the amount of time that the child is spending with each parent, when the amount of time that the child spends with each parent changes, the amount of child support will change.
College & University Attendance
Another event that often triggers a modification of child support is a child’s attendance at college. According to Appendix IX-A, Paragraph 18 of the New Jersey Child Support Guidelines, when a child turns 18 and resides at college, the guidelines are no longer applicable. While child support shall normally continue to be paid for a child in such a circumstance, the amount of child support will often be reduced to account for the fact that many of the child’s expenses are already being met in the form of contribution to college room and board costs.
Important Facts to Remember
There are a few very important procedural issues that must be kept in consideration when dealing with child support modification. First, according to the New Jersey Rules of Court, when a party files a motion for modification of support, that motion must have attached to it the case information statement that existed at the time of establishment of the initial child support obligation, as well as a new case information statement.
In addition, it is important to remember that child support may ordinarily not be retroactively modified. Normally, when a motion is filed, the effective date of the modification becomes the date on which the motion was filed, even if the modification even was much earlier than the filing of the motion. There is one statutory exception, however, that allows for child support to be made retroactive to the date that a letter is sent by the party seeking modification to the party opposing modification, advising that a modification has occurred, and that if an agreement as to a new figure cannot be reached in 45 days, a motion shall be filed.
At Laterra & Hodge, LLC, our Hackensack divorce lawyers can help you navigate the substantive and procedural obstacles that surround child support modification applications. Schedule a free consultation now.