Lowering a New Jersey child support order in Jersey City, New Jersey and beyond, the Jersey City child support lawyers at the Artusa Law Firm can help you file a motion or make an application for a reduction in child support (also known as a child support modification). When you have a setback and the child support amount continues to accumulate and the court is seeking to enforce the order, issue a warrant, seek lump-sum payments, you need to seek a child support modification to try and lower your child support obligation in the Jersey City Family Court or elsewhere. The longer you wait, the more you will be in the hole with arrears and arrears will not be wiped out before the filing of the child support motion. Our team can help you with your case and discuss if you have a viable reason to seek a modification of child support in New Jersey Family Court.
Some of the reasons a court will consider a child support reduction are listed and briefly explained below:
Children born after a child support order is issued in another relationship is considered a circumstance that may warrant a recalculation of child support if you have proof that you pay support for the other children and/or live with the children.
Loss of employment/reduced earnings-If you have lost your job or make less money, the current child support amount is due and owing every week until you file a motion and hopefully win that motion. While a short term job loss may not convince a judge, the burden of persuasion is on the obligor to show that the job loss is a significant change in circumstances, that the obligor has made efforts to secure like employment or other employment.
Career Change-A court needs to look at the totality of the circumstances when it comes to reviewing a change in the child support order based on a career change. The court will look at: The reasons for the change, disparity of income between current and past employment, efforts to find work at comparable pay, the extent the career draws upon the education, skills, experience the payor has. The availability of work. Opportunities for enhanced earnings at the new job. Age and Health of the person who made the career change. For example, if you were a banker in the Newport section of Jersey City earning $125,000 per year, but the stress was making you sick, unhappy and you wanted to be a teacher instead earning $60,000, the Judge in Jersey City would have to consider all of the relevant factors.
Change in parenting time and visitation- When there is a change in parenting time, which adds more overnights than before, those overnights can be used as credits in the child support guidelines and alter the child support obligation.
Income of a Child- A child’s income can be used for a modification of child support in New Jersey. In some cases, while a child is in college, they earn $12,000 or more working part-time or full-time and these earning can be used to modify the child support obligation.
Disability and seeking a NJ child support reduction-If someone receives a social security disability award, the court may still want to see evidence that the payor cannot work by way of medical records and so forth which would then shift the burden onto the party seeking to deny the application based on disability.
Incarceration- Going to jail does not automatically end your child support obligation or suspend the obligation. You must make a motion, which varies from Judge to Judge as to whether the support amount should continue or be modified/terminated.
Child Attending College- If your child is attending college and you pay some of the costs, or if the child lives at school, you may have a chance to modify child support based on changed circumstances.
Emancipation- if you have more than one child that is included in the child support calculation and you are able to emancipate one of the children or more, the child support amount could be lowered depending on all of the circumstances (past income vs. current incomes, etc.)
Our team of NJ child support attorneys in Jersey City work in Hudson County, Essex County, Bergen County and beyond for people who have child support cases in Jersey City, Newark, Elizabeth, and Hackensack. We understand the New Jersey court rules and local court procedures and can help you with your child support case in Jersey City, Hackensack or beyond today. Contact us in our Jersey City office on 201-706-7910. To find out all of the legal services we offer in New Jersey, visit our main page on: Artusa-New Jersey Child Support Lawyers or about other child support information, visit our page NJ-Child Support. You can also fill out our confidential contact form below.