Modifying New Jersey Child Support Orders

New Jersey courts apply the Child Support Guidelines (“Guidelines”) when establishing an initial child support order. Similarly, the courts will utilize the Guidelines when determining whether a modification is appropriate. Following the entry of an initial child support order, naturally, circumstances underlying the initial support calculation may change over time. Frequently asked questions by parents are whether a New Jersey child support obligation can be modified, and if so, how?

In New Jersey, the fundamental question for the court is whether there has been a substantial change in circumstances since the entry of the prior award. The parent seeking to modify child support, either requesting an increase or decrease in an obligation, bears the burden of proving to the court a substantial change in circumstances. The change cannot be temporary in nature.

There are several reasons parties seek to modify their child support obligations in the State of New Jersey. Those often include the following:

Significant Changes in Income

A significant increase or decrease in either party’s earnings would qualify as a substantial change in circumstances. Involuntary job loss is often before the court; however, the party that lost their employment will be required to show diligent efforts to seek new employment. In addition, voluntary unemployment or underemployment is not a basis to modify child support and the court has the discretion to impute a party income based on their earning capacity or potential. In addition, a temporary loss of work is generally not a basis for a recalculation.

Changes in Parenting Time

A key input into the Guidelines is the number of overnights each party spends with their children. A notable change in the amount of time the children spend with each party will qualify as a substantial change in circumstances.

Changing Needs of the Child

With shifts in work-related childcare costs, health insurance premiums for coverage for the children, extraordinary medical expenses, and other cost changes, a modification of child support may also be appropriate.

Emancipation of a Child

When a child moves beyond the “sphere of influence” of the parties, the child is deemed emancipated. In some cases, this will occur when the child marries, joins the military, or is no longer a full-time student (either following graduation from high school or higher education). In the event a child becomes emancipated, a recalculation of child support is appropriate. However, in cases with multiple children, the calculation is not as easy as a pro rate reduction of the current obligation, for example dividing the current obligation in half in the case of two children, one now emancipated.

When there is a substantial change in circumstances, which can be proven to the court, a modification is appropriate. This can be done either by agreement of the parties through negotiation or by filing the appropriate motion/application with the court. If you have any questions regarding child support in New Jersey, please contact my office.