Retroactively Modifying Unallocated Child Support Morris County NJ
In any divorce where children are involved both child support and child custody are often the most important issues to both parties; with support having the biggest financial implications on the divorcing parties and also having a major effect on the children’s lives. As children grow older and reach the age of emancipation modifications to any child support judgment, may be a logical and necessary step to take. Trying to navigate emancipation and a post divorce modification when there is more than one child involved, can be difficult and overwhelming without counsel. Many people faced with these circumstances do not act immediately and then think it is too late to file. Well the truth is, it may not be. New Jersey family law courts allow for retroactive child support modifications under specific circumstances, as it relates to emancipation.
Townsend, Tomaio & Newmark, L.L.C., with offices in Morristown and Hackensack, our attorneys have the knowledge required to effectively address any child support modification and all divorce-related issues you may be facing. Our attorneys will fiercely fight for you in order to deliver the quality council that our clients deserve and have come to expect from our firm. Contact us and meet with our family law attorneys today at 866-957-2982/973-828-0829.
Retroactively Modifying Unallocated Child Support Based on Emancipation: Morristown Court Considerations
If you are seeking to retroactively modify unallocated child support based on the emancipation of a child or children there are many different factors that the courts take into account. For this reason, an attorney with knowledge and experience in this specific area is highly recommended. Some, but not all, of considerations the court must weigh are:
- How long has passed between the date of one child’s emancipation and the filing date of the payer’s present motion for retroactive modification of unallocated child support for the remaining unemancipated child or children.
- What the specific reasons are for any delay by the payer in filing a motion to review.
- If the non-custodial parent continues to pay the same level of child support to the receiver of child support by their own decision and free will, even after they could have filed a motion for emancipation.
- If the custodial parent or child engaged in any fraud or misrepresentation that caused the payer’s delay in filing a motion for a child support modification.
- Did the non-custodial parent fail to communicate facts that would have led to emancipation and modification of support at an earlier date? And could the non-custodial parent have otherwise easily obtained such information with a reasonable degree of inquiry?
- If the payer’s child support obligation was unallocated between multiple unemancipated children of the parties, would a proposed retroactive modification of child support over a lengthy period of time be unduly cumbersome and complicated?
- If the non-custodial parent is seeking an actual return of money previously paid to the custodial parent, what is the estimated dollar amount of child support that the non- custodial parent is seeking, and will such amount likely cause an inequitable financial hardship to the custodial parent who previously received the funds in good faith?
- Any other factors the court deems relevant…
New Jersey Court Decision Concerning Unallocated Child Support
In the case of Harrington-v-Harrington, on August 9, 2016, the New Jersey Appellate Division Committee found that when divorced couples have multiple children covered under an unallocated child support order, if a child becomes emancipated the emancipation is a clear change in circumstance. As a result, either party can seek a review and modification of the existing unallocated child support order.
Furthermore, in situations where a parent seeks a retroactive modification of unallocated child support for multiple children based upon a child’s emancipation, while there are still other unemancipated children, the court has the discretion to retroactively grant a modification of child support back to the date of a child’s emancipation, depending upon specific criteria.
Finding the Right Morris County Child Support Modification Attorney
If you need to modify any child support judgment, especially as it relates to child emancipation, it is highly recommended that you retain experienced counsel. At Townsend, Tomaio & Newmark, L.L.C., our three partners are among the 2 percent of lawyers recognized by the New Jersey Supreme Court as Certified Matrimonial Law Attorneys and each of these renowned legal professionals has been selected for inclusion in the New Jersey Super Lawyers* list as published by Thomson Reuters.