A wooden gavel rests on a sound block beside a brass balance scale, emblematic of a criminal defense lawyer's arsenal. These items, surrounded by books and papers, symbolize law and justice. The softly blurred background evokes the ambiance of a courtroom or legal office setting.

No Turning Back Time For Child Support

If you are seeking to modify your child support obligation, it is best to file your application with the Court as soon as possible. New Jersey law indicates that child support obligations can only be modified retroactive to the date that the application for modification was filed (unless the modification of child support is as a result of a child’s emancipation). This law further impacts the payor more than the payee, as the Courts have clarified that this anti-retroactivity statute was meant to apply to modifications which would decrease a child support obligation. Logically, it seems that the Court wants to avoid applications that would lead to overpayments that would need to be returned to the payor from the payee. Further, as child support is a benefit to the child, Courts would be hesitant to force the return of overpayments. Lastly, the anti-retroactivity statute encourages timely filing.

In the event that circumstances arise which would warrant a downward modification of child support, it is important that the payor file the application as soon as possible in order to receive the full benefit of the downward modification. Again, the Court will not modify child support retroactive to the date that the circumstances arose. If you are seeking to modify your child support obligation, it is important to speak to an experienced family law attorney for guidance. Posted by Robyn E. Ross, Esq.

Get to know Townsend Tomaio & Newmark
Play Button
video thumbnail
What Are The First Steps in Getting a Divorce in New Jersey? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Do Courts Decide on Custody? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
Is Mediation Cheaper Than a Litigated Divorce? | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Child Support is calculated | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
Determining Alimony | NJ Divorce and Family Law Attorneys
Play Button
video thumbnail
How Can I Prevent My Spouse From Moving With My Child Out of State? | NJ Family Law Attorneys
Play Button
video thumbnail
Final Restraining Order | NJ Divorce and Family Law Attorneys
View More videos
In Our Community
Logo for Community Soup Kitchen and Outreach Center Inc. featuring a stylized orange soup bowl with steam. Text reads: Logo of the Randolph Education Foundation (REF) featuring an open book with stylized pages, symbolizing knowledge and guidance, next to the text The logo of Mayo Performing Arts Center showcases a purple stylized Logo of JBWS with two overlapping hands, featuring the text Logo for Interfaith Food Pantry Serving Morris County, featuring a red apple icon on the left, symbolizing nourishment and community support akin to how family law attorneys provide guidance in strengthening family foundations.Logo for CASA of Middlesex County, Inc. It features a blue figure with a heart overhead, symbolizing care and protection, and the text “Court Appointed Special Advocates for Children” below. Perfectly aligning with the mission similar to Family Law Attorneys in safeguarding children's rights.
Website Designed & Managed by
Accel Marketing Solutions