How to Get Child Support Reduced in New Jersey?

In New Jersey, a parent may petition a court for modification of an existing court order that requires a non-custodial parent to pay child support to a custodial parent.

Under New Jersey law, courts calculate child support according to state guidelines. The guidelines would not be used only in cases in which the court identifies a specific reason to justify not applying the guidelines in a particular case.

The non-custodial parent would be able to request a modification of a child support order any time they experience changed circumstances of the type that would justify changing the amount of support. The change would have to involve the parents or the child or children involved in the case. This is a requirement of New Jersey law regarding the modification of child support in New Jersey. This standard would apply if the result a person seeks is to pay a lower child support amount.

The changes in a person’s circumstances that would justify modification have to be permanent, significant, as opposed to minor, and something that a person did not expect when the existing order came into effect. So, if the changes are only temporary, or have not even materialized yet, a court is not likely to grant modification.

Of course, the child support order might be the product of a New Jersey divorce or legal separation.

A court may also issue a child support order at the end of a paternity suit when the father of a child who is not married to the child’s mother seeks custody or visitation. Or a mother who is not married to her child’s father may ask a court to order the father to pay child support.

It does not matter whether a child support order was issued as a result of calculating child support in a divorce or a paternity suit. The law regarding the modification of child support orders is the same for all child support orders.

So, if a person wants to lower the amount of child support that they pay, they would have to show some permanent and unanticipated change in their circumstances that would justify it.

There is one exception to the requirement that only a change in circumstances justifies a change in the amount of child support. Federal law requires that states review and adjust child support if it is justified every 3 years.

The review is mandatory if the family receives Temporary Assistance for Needy Families (TANF). The review is not mandatory if the family is not in the TANF program, but a review should be ordered if one of the parents specifically asks for it.

A parent does not have to show changed circumstances to obtain a 3-year review. However, the review would not result in modification of the amount of child support. The judge applies the New Jersey child support guidelines to the existing financial circumstances of the parents, and makes a change in the amount of support if it is justified.

A person who wishes to lower the amount of child support that they pay might want to consult a local attorney in New Jersey to analyze their case. The attorney could help them figure out whether they would qualify for a change or not according to the applicable standards.

What Factors Can Lower Child Support?

The most common reason for people to request a change in child support is because of changes in their income. The change may be an increase or a decrease and may involve the income of either the custodial or the non-custodial parent.

Of course, a person who wants to lower the amount of support they pay may have experienced a reduction in their income. There is no absolute amount by which a person’s income must change before they request a modification. But again, the change needs to be permanent and something the person could not have anticipated.

What Is a “Substantial and Material Change”?

As noted above, in New Jersey, the change in circumstances that would justify a reduction in child support must be substantial as opposed to minor or insignificant. The parent who seeks the modification must prove the substantial change.

Generally, a substantial change would be a change in the needs of the child, a change in the paying parent’s ability to pay, or both. The change would have taken place in the time since the existing order was issued by a court. For example, a child may have attended a private school that charged tuition but decides to go to a public school that does not charge tuition. This might be a change that would justify modification.

If one parent quits their job and is making less money than they did before, this would be a substantial change in circumstances that would justify modification of child support. However, a court would not automatically modify child support if the paying parent has voluntarily chosen to make less money. The parent would have to show that they made this change in good faith and not for the sole purpose of escaping their child support obligation.

What Is the Legal Process of Child Support Modification?

A parent who wants to modify a child support order should file a petition for modification in a New Jersey court. The parent who wants the modification must prove that the change in their circumstances is permanent, significant, and unexpected.

If the judge agrees that the parent seeking the modification has proved that their circumstances have changed, then the other parent must present the court with their current financial information. The judge then reviews all the available information and makes a decision on the modification request. The judge issues an order that takes into consideration the same factors courts must always consider when deciding on child support, including the following:

• The existing needs of the child
• Each parent’s standard of living and economic circumstances
• Each parent’s income and assets.

Other factors would be considered as well. In making their decision, a judge pays special attention to the ability of the paying parent to pay the amount ordered. However, the judge must also consider a range of other factors.

Some of the common changes that are more likely to justify a change in the amount of child support are as follows:

• There is a significant increase in the cost of living.
• There is a significant change in the income of the parent who pays the support.
• The child or one of the parents experiences a serious illness or disability.
• The paying parent has lost their residence.
• The paying parent now lives with another adult.
• The paying parent has gained or lost employment or income from employment.
• State or federal income taxes have changed in a significant way.

When Do I Need to Contact a Lawyer?

If your circumstances have changed significantly and you believe that you are entitled to reduce the amount of child support that you currently pay, you want to talk to an experienced New Jersey child support lawyer.

LegalMatch.com can put you in touch with a lawyer who can analyze the facts of your case and tell you whether you have a chance of modifying the child support you pay. Your lawyer can guide you through the process to success if the change in your life justifies a decrease in your payments.