New Jersey Child Support Modifications
Created by FindLaw's team of legal writers and editors | Last reviewed May 10, 2018
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
All children in New Jersey are entitled to have their needs financially supported by both of their parents. An order of child support helps to ensure that this happens. Although the law requires that a parent pays child support, there are situations when the payments cease or change.
Difference Between Modification and Termination
A termination puts an end to the child support obligation and the non-custodial parent is no longer required to pay. New Jersey's child support obligation terminates automatically when the child turns 19 (in most circumstances) or is otherwise emancipated. In contrast, child support modification occurs when an order is changed, but the obligation remains. For example, New Jersey law allows either party to file a motion with the court to increase or decrease the child support amount if a party experiences "changed circumstances" such as job loss.
New Jersey Child Support Modification Laws at a Glance
Although it's not always easy to understand complicated statutes written in lawyerspeak, it's still important for parents to understand how the law can impact changes in a child support order. An explanation of the statutes written in plain English is a good starting point in meeting this goal. See the chart below for a short summary of the law that dictates New Jersey's child support modification.
Statutes |
|
Changed Circumstances |
The party that wants modification has the burden to prove that the change in circumstance is substantial, permanent, and unanticipated. "Changed circumstances" examples:
The law requires a triennial review of the order upon the request of either party. You don't have to show changed circumstances if it's been at least 3 years since the last review. However, if the request is made outside of the 3-year window, then the change of circumstance showing is required. |
Adjustments |
Cost of living adjustments
Shared parenting time adjustments
|
Review of the Order |
The court will take into account the state's child support guidelines and will consider the same factors for modification as in the existing child support order. Factors may include:
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
New Jersey Child Support Modification: Related Resources
Want Assistance with Child Support Modification? Locate an Attorney
Sometimes situations arise that trigger the need to make a child support modification. Make sure that the current situation matches up with an appropriate child support amount for your child. Use FindLaw's attorney directory to locate a New Jersey attorney right away to deal with your child support issues.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
Stay up-to-date with how the law affects your life
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.