MODIFICATION OF CHILD SUPPORT
CHILD SUPPORT MODIFICATION ATTORNEY OCEAN COUNTY, NJ
Helping Clients across Toms River, Point Pleasant, Spring Lake, and the Surrounding Communities to Modify Child Support Agreements
The purpose of child support is to maintain the child at the standard of living he or she enjoyed prior to the divorce. Either the dependent spouse or the supporting spouse can request a modification to child support obligations, but only when there are “changed circumstances” which would affect either party or their specific child support obligations.
At Bronzino Law Firm, we have extensive experience helping clients in towns like Brick, Howell, Wall, and the greater Ocean and Monmouth county area to successfully pursue, and receive, a modification to their existing child support agreement. Contact our office today to discuss your case in a free and confidential consultation.
The Modification of Child Support Process Attorney Wall, NJ
If you are seeking to modify your existing child support order, the most important step you can take is to consult with an experienced Ocean County child support modification attorney. Together, you will file a motion with the courts asking them to modify your child support agreement. Along with the motion, you will need to attach a copy of the specific order you wish to modify (the existing agreement), copies of any prior or current case information statements, any supporting affidavits (sworn statements) related to proving your changed circumstance, and a legal argument for your case, which your Brick, NJ child support will help you to draft. You will also need to include any and all financial documentation which helps the judge to better understand your specific situation.
If the judge finds their is sufficient evidence supporting a changed circumstance allowing for a modification of child support, the judge will then require that the other parent supplies the court with current financial information, and then the courts will subsequently modify your child support agreement, taking into consideration all of the same considerations they do when determining the initial child support settlement such as:
- The current needs of the child
- The educational needs of the child and their capacity to pursue higher education
- The income and earning capacity of the child (if applicable)
- The standard of living and economic circumstances of each parent
- The age and health of the child and the parents
- Court ordered support of either parent to other parties
- The debts of each parent and child
- Any other factor the courts deem relevant
Once all of these factors have been taken into account, the court will order a modification of child support in-line with the specific changed circumstance cited.
Changed Circumstances Allowing for Modification of Child Support in New Jersey
As previously noted, in order to modify a child support agreement, you must show “changed circumstances” which are permanent, substantial and unanticipated (meaning that at the time the initial child support settlement was made, the changed circumstances could not reasonably have been anticipated).
The most commonly cited changed circumstances include, but are not limited to:
- An increase in the cost of living of the payor
- A change in the payor’s income (can be an increase or a decrease)
- Either parent or the child are suffering from a serious illness or disability which occurred after the initial child support agreement
- The dependent party lost their home
- The dependent party remarried or is cohabitating with another party
- The dependent party is earning more money, or has become employed
- Federal income tax laws have changed since the original agreement
Depending on the specific situation, these factors can allow either the payee, or the dependent party, to seek a modification to their existing child support agreement. For more information regarding your unique situation and whether or not you may qualify for a child support modification, contact Bronzino Law Firm to discuss your case further in a free and confidential consultation.
Cost of Living Adjustment Attorney Point Pleasant, NJ
While the above situations require court intervention in order to be decided, there is one notable exception wherein the dependent party can achieve an increase in child support. Known as a Cost of Living Adjustment (COLA), COLAs happen automatically every two years for child support paid/received through the Probation Division, or can be applied for in order to obtain an incremental increase in child support in accordance with inflation rates, as calculated by the Consumer Price Index. This process can be applied for directly filing the correct forms, but it can be contested by the supporting spouse if his/her income has not increased at the same rate as the cost of inflation.
For information regarding how to file your COLA, or contesting a COLA, contact Bronzino Law Firm or view our article on this topic.
Termination of Child Support in the Case of Emancipation Attorney Toms River, NJ
The supporting spouse may also file for the termination of their child support obligations when their child becomes emancipated. Emancipation does not necessarily mean the child turning 18, or graduating from high school, emancipation age is unique to each situation. Additionally, just because your child has become emancipated, it does not automatically relieve your child support obligations.
For a more complete overview of emancipation, and how it may affect your case, please visit our emancipation page.
Contact a Brick Child Support Modification Attorney Today
At Bronzino Law Firm, we have extensive experience helping clients in Spring Lake, Wall, Howell, Jackson, and the surrounding communities to successfully petition the courts, and receive a modification of their child support agreement.
We believe that straightforward and regular communication with our clients is key, allowing us to provide an honest assessment of their case, and then working together in order to achieve the best possible result. Our smaller size allows us to develop personal and attentive relationships with our clients, while charging reasonable and fair rates for our services.
To speak with Peter J. Bronzino today in a free and confidential consultation regarding the modification of your child support agreement, please contact us online or through our Brick, NJ office at (732) 812-3102.