Monmouth County Child Support Modification Lawyer
Child support payments are an important way for separated parents to share financial resources for their children. Sometimes, after a child support amount has been determined, changes to a parent’s finances can make that amount impractical.
Whether you need to decrease the amount of money you owe, or your co-parent can now afford to give your child more, a Monmouth County child support modification lawyer can help. Your child support attorney can help you modify a child support obligation better suited to your current circumstances.
Child Support Guidelines
In New Jersey, child support amounts are typically decided based on each parent’s weekly gross income, the number of children they share, and the amount of time each parent has with their children under a visitation schedule. Under the Child Support Guidelines included in the Appendices to Court Rule 5:6A, “gross income” includes wages, bonuses, gambling winnings, commissions, dividends, and more.
For a parenting arrangement where one person has sole or primary residential custody, the noncustodial parent will typically owe child support each month. The sole parenting child support guidelines worksheet helps the court and attorneys calculate child support payments where the non-custodial parent has the equivalent of less than two overnights per weeks. The shared parenting child support guidelines worksheet is used to calculate child support payments where the non-custodial parent has the equivalent of two or more overnights per week.
While child support payments should be affordable for the paying parent, the focus is on providing adequate financial support for the children based on the Child Support Guidelines that are created by economics experts who research the average cost of raising a child in New Jersey. While the Guidelines are the most prominent tool used to determine support payments, judges in New Jersey do have some discretion to deviate from these standards as necessary if the best interests of the child requires it.
There are many factors that go into determining child support payments, and there can be stiff penalties for giving false and incorrect information to the court. Child support modification attorneys can help parents in Monmouth County fully and accurately submit their paperwork to ensure fair payments are ordered under the law.
Child Support Modification in Monmouth County
Because the factors that determine child support amounts can change, the child support orders may also need to change. N.J.S.A. 2A:17-56.9a also allows parents with active child support orders being paid through the New Jersey Family Support Payment Center to request a review of child support at least every three years.
Parents who want their child support orders reworked can file an application for modification, and the court will schedule a hearing before a judge or child support hearing officer. The parent who wants to modify the support obligation must demonstrate to the court that there has been a permanent, substantial, and involuntary change in either parent’s financial circumstances. Both parents, typically represented by local child support modification attorneys, will present their reasons for or against the modification at this hearing. Using the Child Support Guidelines, the judge will consider if the modification is necessary to meet the child’s needs without impacting the parents’ ability to provide for themselves.
If the modification is granted, the judge will issue a new order to replace the previous one. The paying parent will continue to make payments in the same manner as they did before the modification, but they will pay the new amount.
Parents who do not make their court-ordered child support payments can face financial sanctions, suspension of driver’s licenses or professional licenses, inability to renew a passport, or even arrest. A parent who struggles to make their support payments must request a modification to avoid these penalties.
Contact a Monmouth County Child Support Modification Attorney
A substantial change in circumstances for you or your co-parent can impact the amount of money available for child support payments. A Monmouth County child support modification lawyer can help you request a new payment amount, advocating for you and the financial assistance your child needs. Call Moskowitz Law Group now to schedule your free consultation.
