New Jersey Divorce Lawyer Blog
For divorces involving children, a child support order will be part of the final paperwork signed by a judge. In most circumstances, this order requires the non-custodial parent to pay a monthly sum to the parent with whom the children live most of the time. Unless the children are near the age of majority when the divorce takes place, circumstances may eventually change making the original support amount insufficient or impractical.
Most states allow parents to ask a court to change the support amount if there is a substantial change in circumstances. Some state laws also allow for periodic review of support amounts without showing changed circumstances. New Jersey allows either parent to request a review every three years without a showing of changed circumstances. Washington requires a 24-month period before such a review.
Change of Circumstances
Child support is typically based on incomes of the parents. A legitimate change in parental circumstances includes job loss or change, extended illness, incarceration, remarriage and retirement. For example, if the paying parent loses a job paying $4,000 and takes a job paying $2,600, this constitutes a legitimate change in circumstances. Similarly, if that parent is promoted to a job paying $6,000, that also is a substantial change. Continue Reading →
