Modifying Child Support in New Jersey
September 19, 2024
Authored by: Alexandra Bravo
This article is made possible by the generous support from Taylor Tobey and Sarah Brodsky at 9Sail.
Alexandra Bravo
Modifying Child Support in New Jersey
In New Jersey, both parents have a responsibility to support their child or children. Parents can come to an agreement about how much child support should be or they can ask the court to decide a fair amount. The court will consider different factors such as each parents’ income, the number of children, the custodial arrangements, healthcare costs, and so on.
Once child support is set, it is not permanent meaning it can be changed. It is common for financial and other situations for parents to change after a child support obligation has been established. Either parent, whether receiving or paying, may request a child support modification when there has been a substantial change in circumstances.
What Is a Modification of Child Support?
Modification of child support can be seen as an increase or decrease in a child support obligation depending on what life changes have occurred since the child support order was first established. Oftentimes, this means that a parent or child’s circumstances have changed so significantly that the child support amount is no longer appropriate or feasible.
Additionally, if child support is collected through the child support probation department, child support obligations are automatically reviewed every two years without either parent needing to make a request. As a result of this review, a cost of living adjustment, or COLA increase takes place. This normally results in a child support obligation being raised a few dollars per week.
When May You Be Able to Modify Child Support
There are a number of difference situations when a parent may be able to apply for a modification. As noted above, there must be a substantial change in circumstances. This can be situations when one parent has become permanently disabled, has children from a new relationship, had a change in employment, and more. This can also include changes in custody and parenting time, changes in child care cost, and/ or when a child becomes emancipated and younger children remain on the support obligation. The court reviews the circumstances surrounding a modification request on a case-by-case basis.
If a request for modification is based on a parent’s loss of employment/income decreasing, there are a few factors the court will take into consideration including but not limited to: was the job separation voluntary; what efforts have been made to find gainful employment; if new employment is found, why is the income lower?—were they forced to take the job out of necessity; etc. It is important to note that unemployment is generally considered a temporary change in circumstances unless, for example, the unemployment is due to a medical condition that has left the parent disabled and unable to work. If the court determines that a paying OR receiving parent is voluntarily unemployed or underemployed in an effort to have the child support obligation modified in their favor, the court will not grant a modification.
Child support modification may also be requested if there has been a change in parenting time wherein the child is now spending more or less time—particularly overnights—with the other parent or if there has been a change in custody. If the non-custodial parent becomes the custodial parent, then a request for child support modification should be made immediately. It is important to note that child support modifications are retroactive to the date when the motion was filed, not necessarily when the change actually happened.
How to Modify Child Support in New Jersey
A parent seeking to modify a child support obligation has two options on how to move forward with a modification or recalculation.
The first is option is to negotiate with the other parent and come to an agreement. This agreement should be in writing and signed by both parties, ideally with a notary. This agreement is then submitted to the court for filing, making it an official court order. If child support is collected through probation, this court order will also serve to notify probation of changes to the amount that needs to be collected.
The second option is to file a motion with the court and explain why there is a need for modification. If child support was established as part of a divorce proceeding, the filing parent will need to complete a FM motion packet and attached an original and updated CIS form. A copy of the motion with all attachments will need to be served by regular and certified mail to the ex-spouse and then filed with the court. There is a $50 filing fee for FM Motions. If the parties are married but separated or were never married, the filing parent will need to complete a FD motion packet and Financial Summary Statement. There is a $25 filing fee for FD motions.
Regardless of which motion is being filed, a petitioning parent must also complete a Confidential Litigant Information Sheet any time there is a pleading involving alimony, maintenance, child support, custody, parenting time, visitation or paternity.
The motion may be filed with the court online using Judiciary Electronic Document Submission (JEDS) HERE or by mail to the appropriate local county courthouse. List of addresses can be found HERE.
Thinking About Modifying Your Child Support in New Jersey?
If you are a veteran, survivor of human trafficking, or a resident of Newark’s South Ward, VLJ may be able to assist you with your child support modification matter. If you have other civil legal needs and wish to apply for VLJ’s services, please click here.
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