Modifications of Existing Child Support Obligations
Child Support Modification Attorneys
Existing child support obligations can be modified upon a showing of changed circumstances. Determining whether a modification of support is warranted is fact sensitive and will depend upon the circumstances at the time the child support obligation was established versus the circumstances now. While there are numerous reasons child support may need to be modified two of the most common reasons for modifications are changes in income and changes in need.
Changes in Income: Post-judgment modifications of child support can occur when one parent’s income significantly increases. Pursuant to the law in New Jersey a child has the right to share in each parent’s financial good fortune. When a parent’s income decreases modifying support becomes more complex as the parent experiencing the decrease income must show that the decrease is permanent. Moreover, the parent requesting a decrease has the burden to prove that he or she is not voluntarily unemployed or under-employed.
Changes in Need: Post-judgment modifications of child support can also occur when the child’s needs change. For example, the cost of daycare is often included in child support obligations. If the child stops attending daycare, this would be considered a change in need.
Additionally, when considering an application to modify support, a court is prohibited from retroactively decreasing a child support obligation past the date the application for modification of support is filed with the court.
The attorneys at Ulrichsen Rosen & Freed LLC provide experienced guidance for clients who need modifications to their child support obligation or award. We provide representation for all child support related issues to clients living throughout New Jersey including Mercer County, Somerset County, Hunterdon County, Middlesex County and Burlington County.
To schedule an initial consultation with a lawyer from our firm, call 609-730-3850 or contact us online.