If child support was part of your divorce, you may find that the amount of your original order no longer fits your family’s financial reality. From an increase or decrease in income to the changing social, educational and medical needs of your children, there are many reasons that you may want to revisit your current support arrangement.
In New Jersey, you may be able to modify your support order if you, your ex-spouse or your children have experienced a substantial change in circumstances that makes current payment amounts unworkable.
When might the court allow modification?
If you want to adjust support payments, you may need to prove to the court that you, your spouse, and/or your children have experienced life changes that are significant, unanticipated and expected to be permanent. Common examples of significant post-divorce changes a judge may consider valid reasons for modification include:
- A major increase or decrease in your income or your ex-spouse’s income
- A substantially higher cost of living
- An injury, illness or disability suffered by you, your ex-spouse or your child
- A child’s specialized educational or medical needs
- A change in custody arrangements
You may request an increase or decrease in monthly amounts whether you receive or provide support payments.
Do you need to go to court?
If you can demonstrate a substantial change in circumstances and your ex-spouse agrees to modification, a judge may approve a support adjustment without a court hearing. However, seeking official court approval ensures that your new payment arrangement is legally enforceable.