New Jersey Child Support Modifications

Our world is full of unexpected twists and turns. Some can have a major effect on your day-to-day life. Setbacks can make paying expenses such as child support difficult or even impossible. Circumstances in your child’s life can call for increased financial support from the noncustodial parent. Sometimes a New Jersey child support payment needs modification.

Aside from cost of living adjustments (COLA), all child support modifications require a court hearing. It’s often tricky and confusing to try to learn what’s required. To help, this article will explain what qualifies to modify a child support order and show you the forms you’ll need to apply. We’ll also give you a step-by-step breakdown of the application process.

Fulfilling your child support obligations is important. You also need to take care of your basic needs. Read on for a better understanding of how child support orders are modified in New Jersey.

New Jersey Child Support Orders

If you’re here to learn about modifying a child support payment, there’s a good chance you already have a Title IV-D child support order as part of your life. If not, FindLaw’s New Jersey Child Support Payments article offers a detailed explanation of how child support amounts are determined.

Each parent’s income figures into how much money the state thinks would have been spent on the children if the parents were together. There are calculators available online to give a rough and non-legal estimate of child support costs.

Child custody arrangements can affect child support amounts. In New Jersey, if the custodial parent has physical custody of the children more than 72% of the time (over 261 nights per year), it’s considered sole parenting. If the noncustodial parent has the kids two nights a week on average (at least 104 nights per year), it’s shared parenting.

In most instances, the noncustodial parent makes child support payments to the custodial parent. This is done through the New Jersey Family Support Payment Center (NJFSPC). The preferred method is to have your employer deduct the child support obligation from your paycheck, but other options are available.

Ways To Change a New Jersey Child Support Order

Once the court order for child support is issued, there are only a few ways to change it. Let’s take a look at how this can be accomplished.

Cost of Living Adjustments (COLA)

All New Jersey child support orders are subject to a cost of living adjustment (COLA) review every two years. Any changes are based on the average change to the Consumer Price Index for metropolitan areas in New Jersey. Either parent can contest the judgment within 30 days of the mailing of the notice.

Changes due to COLA may not need a court hearing to go into effect. The New Jersey Child Support Program can help you with this. The phone number is 1-877-NJKIDS1.

Three-Year Review

Once every three years, either parent can request a review of the child support order. This serves as a check to make sure the order has stayed within the state’s compliance guidelines. Requests for adjustments due to financial situations and other factors are permitted.

Requesting a Modification to a New Jersey Child Support Agreement

Independent of the three-year review, either parent can file for a hearing to request a modification of a New Jersey child support order. For the court to agree to a hearing, the parent filing the petition must provide proof of a substantial change in circumstances. This change should necessitate an alteration in the payment amount.

Changes in circumstance need to have a large effect on the parent’s life for consideration. Examples include:

• Loss of employment
• Inability to find employment despite continued efforts
• Significant reduction in income
• A serious illness
• Addition of another child
• Increased daycare expenses

Quitting a job without good cause does not exonerate a noncustodial parent from their child support obligations. Lack of effort in securing new employment is also considered unacceptable as a circumstance change. If you’re obligated to pay child support, it’s best to speak with a family law attorney, if possible, before voluntarily leaving your job.

New Jersey Child Support Modifications Process

All modifications require a court hearing. Notice is given to both parents, and each side is permitted to bring a lawyer or other legal advocate. Your docket number should begin with the letters "FD". The steps for the modification request are as follows:

1) Fill Out the Application for Modification of Court Order Form

The Application for Modification of Court Order serves as notice to the court that you wish to modify the child support order. This requires that a significant change in circumstances has occurred. While your original order was from Family Court, you’ll file your motion in Superior Court.

You’ll also need to supply the court with the other birth parent’s current address so service of process can occur. If you don’t know their address, you’ll need to complete the Diligent Search Kit to prove you couldn’t find them.

2) Fill Out the Confidential Litigant Information Sheet Form

The Confidential Litigant Information Sheet is used to gather relevant data for the hearing such as names, addresses, places of employment, and more. This information is kept confidential.

3) Fill Out the Summary Form for Financial Information

Both parents are required to fill out the Summary Form for Financial Information. Each will also need to attach copies of their latest federal tax return, their three most recent pay stubs, or an earnings statement from a self-owned business. This is often where a change in circumstances will stem from.

4) Make Copies of the Forms and Keep Them in a Safe Location

It’s always a good idea to keep copies of every legal form you submit. Try to store them somewhere safe, like a fireproof box or a safety deposit box.

5) File Your Forms With the Court

Submission of the forms is the final step in beginning your petition for modification of a court order. You can file your forms online through the Judiciary Electronic Document Submission (JEDS). Submission is also possible through the mail or by dropping off the forms at your local county courthouse.

No matter how you submit, a $25 fee is required. If you’re suffering financial hardships the state of New Jersey may waive the fee.

6) Go to the Hearing

If you filed the petition, you’re required to show up for the court hearing. As the plaintiff, the burden of proof is on you to convince the court that the modifications are necessary. It’s recommended that you have a family law attorney with you for this. If successful, the new amount goes into effect when the judge signs the order. It’s rare for it to be retroactive.

New Jersey Child Support Modifications – Review

While not easy, modifying the amount of child support can make a big difference in both the lives of the parents and their children. The table below recaps what you’ve learned from this article and provides useful links as well.

Disclaimer: New Jersey laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information, confirm current state laws with a New Jersey family law attorney.

New Jersey Child Support Modification: Related Resources

• New Jersey Family Laws
• New Jersey Child Support Laws
• Child Support Modification Overview
• New Jersey Child Support Guidelines
• Child Support by Agreement
• NJ Child Support Program

Need Assistance With Modification of Child Support in New Jersey? Speak With an Attorney

Modifying child support is tricky. When current child support amounts either aren’t enough or have become too much to bear, consulting a New Jersey family law attorney is a good idea. They’ll examine your case information statement before offering sound legal advice.