Modifying Child Support Settlements in New Jersey
Couples who go through divorce proceedings must settle many marital issues. If the couple has children, one of these matters is child support. These are payments made from one parent to the other in order to continue financially supporting their child. Once these decisions regarding support payments are made, they are approved by the judge and considered the law. This means that they are legally required to be followed. If they are not, they can be enforced by the court.
While this is true, the New Jersey court system knows that family circumstances can change as time goes on. Sometimes, families are presented with new situations and their child support settlement no longer works for them. It is because of this that courts allow for post-judgment modifications. This allows changes to be made to the settlement so that it can accommodate the changes in a family’ life.
Determining Child Support
Every family is different than another. It is because of this that they are treated as such. When a family needs to determine child support payments during divorce proceedings, the court follows the New Jersey Child Support Guidelines. This was created by the state to calculate a fair amount for support payments based on the family’s financial situation. It applies to parents that have a combined yearly income between $8,840 and $187,200. The formula calculates the family’s income with the child’s expenses to determine an amount that would provide stability.
In addition to this, the court considers other factors outside of the Guidelines. This can include:
- Each parents’ financial status
- Who has physical custody
- Each parent’s income, debt, and assets
- Each parent’s earning capacity and work history
- The child’s needs, age, health, and education
- Cost of living for the child
Child Support Modifications
As life goes on after a divorce, family situations are subject to change. When this happens, they can affect a parent’s ability to maintain child support payments. Alternatively, a child’s need to receive these payments can also change. In these situations, a parent may request to modify the amount of these payments that are being made. There are several different situations in which a parent may request a modification. This can include:
- A change in custody arrangements
- Loss of employment
- An increase or decrease in income
- If a child requires money for medical treatments
It is important to know that if a parent wants to modify a settlement agreement, they are required to prove with evidence that these changes are significant and ongoing.
Contact our Firm
If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.