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In New Jersey, both parents have an obligation to support their children after a divorce or separation. Child support is money that one parent pays to the other to meet the children’s basic needs, like food, clothing, health care, housing, and education.
Child support is always subject to modification for changed circumstances. However, it is the person who is making the request for a change that bears the burden of demonstrating a change in circumstances.
If there has been a change in circumstances, either you can longer afford the amount of child support you are currently required to pay or a change of circumstances has made the amount you receive insufficient to meet the child’s needs, then a motion can be filed to modify the amount of child support.
While there are many reasons a couple may wish to modify their child support order, two common reasons for modifications are:
Increases in need—if the child’s needs have changed (such as a when a child enters day care or goes to college), a parent may seek to modify the existing child support agreement.
Changes in income —–post-judgment modifications of New Jersey child support often occur when one parent’s income significantly increases enough to warrant an adjustment. This is because the child has the right to share in each parent’s financial good fortune.
Interestingly, If a party moves for modification because the changed circumstance is a reduction in income, it is not simply enough to show that a person is now making less or even substantially less. The court will look to the reasons why.
In a recent case from September 2021, Gambardella v. Hermo, the husband, at the time of the divorce had been earning a substantial income on Wall Street, in some years nearly one million dollars. However, due to a downturn in his field, he left Wall Street and embarked on a new venture, opening up a restaurant in Montclair, a field in which he had no prior experience. If you guessed it did not go well, you’re correct. The restaurant failed and he moved for modification of, among other things, his child support obligations.
The Court found this was not a “change in circumstances” for the purpose of modification of his obligations. They stated;
“Hermo almost immediately thereafter left his employment, agreed not to compete for the next four years in the field in which he was experienced, and invested almost $500,000 of his savings and, apparently, the full measure of his time and efforts, to the risky proposition of opening a new restaurant — a field in which he had no experience. The financial consequences of those unilateral actions fall on Hermo and, as the trial court found, do not constitute changed circumstances warranting modification of his obligations…”
Even noting the above, a court will consider a person’s true change of circumstances and often will modify the amount of child support. Common reasons for changing child support include:
Get Help from a Child Support Modification Lawyer at Epstein Ostrove
Our experienced child support modification lawyers can help with your case in either New Jersey or New York. Our compassionate team of family attorneys can help you decide what is best for you and your family, given your change of circumstances.
In New Jersey, if a parent’s circumstances change, the parent can file a request and ask the court to adjust child support. Changes in circumstances that have permanently and significantly changed a child support arrangement need to be proven to modify child support payments.
Although prior case law does not provide a definitive list of circumstances that can be amended, previous case law suggests that some conditions become eligible for an adjustment.
Increase Versus DecreaseIf you need to modify your child support order, you can either increase or decrease the amount of child support. Changed circumstances can justify an increase in child support payments in the following ways:
Our experienced child support modification lawyers can help with your case in either New Jersey or New York. Our compassionate team of family attorneys can help you decide what is best for you and your family, given your change of circumstances.
