Top Reasons for Child Support Modification Denial in NJ

Changes in Circumstances Can Prompt Modifications, but Courts Often Deny Requests. Learn The Reasons for Denial and How an Attorney at Bronzino Law Firm Can Help

Child support is a court-mandated financial obligation for most non-custodial parents in New Jersey. Its terms are determined by a family court judge based on a number of factors, including the child’s financial needs and the parent’s financial capacities. Are child support requirements set in stone? What if the circumstances of the receiving or paying parent change, and regular payments as they were laid out in the original court order are no longer feasible or necessary? Child support payments can be modified, but they require a court motion to revise the order. The filing of a motion does not ensure that the child support payment revision will be approved; often, a request for modification is denied. You need the support of an experienced child support attorney to facilitate a successful motion for change in the terms of your child support order. Contact our firm today for a free consultation regarding your changed circumstances, and read on to learn more about the child support payment modification process and steps that can be taken if your child support modification request was denied.

Changes That Can Affect Your Child Support Payments

For the court to revise a child support payment order, the parent requesting the modification must provide proof that significant changes in circumstances have occurred to warrant the revision. These big changes can’t be voluntary; they must be something unforeseen that greatly impacts a parent’s ability to care for the financial needs of their child. Examples of such changes could be the loss of a job by either parent, severe injury or illness that limits a parent’s ability to work or generate sufficient income to pay child support, long-term child illness requiring medical attention, or a significant increase in income due to a new job or inheritance.

Why do Child Support Modifications Get Denied in New Jersey?

Child support payment modification requests can be denied for a number of reasons. The most common reasons for denial are the following:

• The change in circumstances for which the motion is filed are not significant enough to warrant a revision to the order. Usually, the court requires that a change in financial circumstances constitute at least a 25 percent decrease or increase in that individual’s income for a revision in the child support payment order to be considered. Fleeting or minor changes owing up to a parent’s desire to reduce their own financial responsibilities will not be entertained by the court. Even more serious reasons that render a parent incapable of meeting payment requirements for any given period of time may not be viewed by the court as meeting the minimum standards required to change a long-term child support order.
• Not enough time has passed since the original order was filed. If it has been fewer than three years since the original child support order was issued, the New Jersey family court will not likely revise the order. This is because changes to circumstances outside of drastic ones are not yet considered long-term.
• The change was voluntary. If a parent voluntarily takes a pay cut in order to embark on a new professional journey, their request for child support payment reduction will not be granted. It is assumed that a parent will take their child support obligations into consideration before voluntarily changing their financial circumstances.

Discuss Your Denied Modification of Child Support and What to do Next in Ocean County NJ

If your motion for child support modification is denied, it is important to seek the legal support of an experienced child support attorney. Usually, a motion is denied because there isn’t sufficient evidence that the person’s circumstances have changed radically enough to warrant a modification at the time. In some cases, steps can be taken to resubmit a motion for payment revision if a stronger case is put forth. A child support attorney at The Bronzino Law Firm will review the evidence you provided with your denied motion and update your request with ample evidence proving validity for resubmission to the court.

Our firm is a trusted legal resource for guidance and representation in Ocean and Monmouth County communities like Eatontown, Rumson, Long Branch, Point Pleasant, Howell, Sea Bright, and Colts Neck; we have represented numerous clients in revising outdated child support orders so that their children’s financial needs are amply met while the parents’ evolving circumstances are respected and accounted for. Contact us today at (732) 812-3102 for a free consultation to go over your child support payment matter and avenues post-denial of a requested modification.