Just when you think the economy is on the upswing, unstable financial markets around the world (think China) are bold reminders that you never know what you have until it’s gone. If you’re struggling to keep up with court-ordered child support due to a significant change in your financial circumstances, it’s important to act quickly. Consulting an experienced divorce attorney can help you determine whether you qualify for a child support modification and guide you through the legal process.
After all, regardless of how bad your financial situation gets — even if you look toward bankruptcy for a fresh start — you won’t be able to have child support arrears forgiven. Like back taxes and college loans, child support payments are exempt when it comes to getting rid of debt by filing for bankruptcy protection.
What is Considered for Child Support Modification
As always, the judge puts the best interests of the child first. Therefore, the following things will be considered during a child support modification review:
- Income and standard of living of each parent
- Debts of each parent
- Earning capability of each parent (education, skills, experience, etc.)
- The responsibilities each parent has with regard to custody and making decisions for the child’s welfare
- Education fees
- Age and health of the children
- Other issues including the financial responsibilities of each parent with regard to court-order support of other individuals
One major question child support payers ask is: how soon can a child support order be modified. You must wait at least six months to file a motion to modify. However, oftentimes, judges may not consider a request to modify until after a year has passed.
Contact Graziano & Flynn for more information about modifying child support orders. They will review your particular case and help you determine next steps. If they feel you have a good chance at getting your court order changed, they will fight tirelessly for you.
How Judges Determine Child Support Payments
Family court judges in NJ consider the income of both parents, expenses relating to daycare, healthcare, living arrangements, etc., when determining child support. The goal is for the judge to come up with a child support figure that is “in the best interests of the child.” That being said, New Jersey judges have little discretion when it comes to setting child support requirements. There are standards set by statute; the numbers use guidelines and formulas to calculate the “number.”
Judges know that there are some essentials all children require: shelter, food, medical care and education. The custodial parent is often entitled to payment (child support) from the other parent to cover these essential expenses. Family courts are governed by the standard that everything needs to be in the child’s best interests. The child needs to have certain essentials, such as a home, utilities, and medical care. If the custodial parent cannot provide for these needs by themselves, the other parent needs to pay child support to ensure these needs are met.
What Documentation Do You Need to Support a Child Support Modification Request?
When requesting a reduction in child support, the court requires solid evidence to evaluate your financial circumstances. The more organized and detailed your documentation, the stronger your case will be. Common forms of documentation include:
- Recent pay stubs or income statements
- Tax returns from the past two years
- Bank statements and credit card statements
- Proof of job loss or reduced hours (e.g., termination letters, unemployment benefits)
- Medical records or disability paperwork, if health-related issues affect income
- Proof of increased expenses (e.g., new medical bills, cost-of-living increases)
- Updated child care costs or changes in insurance premiums
Be sure to gather and submit copies of all relevant documents with your motion to modify child support. Courts will not consider undocumented claims.
How Long Does It Take to Get Child Support Reduced?
The timeline for modifying child support in New Jersey can vary, but it generally follows this sequence:
- Filing the Motion: Once your motion and supporting documents are submitted, a court date is typically scheduled within 4 to 8 weeks.
- Notice and Response: The other parent is notified and may file a response within 20 to 30 days, depending on the county.
- Court Hearing: If a hearing is necessary, it usually takes place within 1 to 3 months after the motion is filed.
- Judge’s Decision: A ruling is often made at the hearing or shortly after, depending on the case’s complexity.
Temporary relief is rarely granted unless there’s an urgent hardship. Until the court rules, you must continue paying the current amount.
What Happens If the Other Parent Disagrees?
It’s common for the other parent to oppose a reduction in child support. If there’s no agreement, the matter will proceed to a formal hearing. Here’s what to expect:
Each side presents evidence—financial records, employment status, or changes in expenses.
The judge evaluates whether the requested modification meets the legal standard of a “substantial, permanent, and unanticipated change in circumstances.”
If both parents provide conflicting evidence, the court may require additional documentation or testimony, potentially delaying a decision.
If a judge rules against your request, you’ll be required to continue paying the current amount—and any missed payments during the process will still be owed in full.
Common Mistakes to Avoid When Requesting a Reduction
Even with valid reasons, small missteps can hurt your chances of getting child support reduced. Avoid these common pitfalls:
- Stopping Payments Without Court Approval: Never reduce or stop payments on your own—court orders remain enforceable until officially modified.
- Relying on Verbal Agreements: Informal agreements with the other parent won’t hold up in court and can lead to unexpected arrears.
- Not Submitting Full Documentation: Incomplete financial records or vague claims can cause your request to be denied.
- Filing Too Soon: If your financial hardship is recent or temporary, the court may view it as insufficient grounds for a reduction.
- Failing to Show Job Search Efforts: Judges expect proof that you’re actively trying to improve your income, even if unemployed.
Consult a Family Law Attorney for a Child Support Modification
So, what can you do if you are facing a court order for child support that you can’t pay because your financial situation has changed? It is possible for a lawyer to go to court requesting a motion for child support modification. Getting child support is not an easy process. However, with a skilled and experienced family lawyer on your side, it’s possible to prove to a judge that you truly are unable to afford the court ordered child support payments. If the judge agrees to modify the child support order, you may have reduced payments or suspended payments for a period of time. This is a complicated area of the law, contact an experienced attorney for guidance.
First of all, most NJ judges will consider a child support modification if changes are permanent, substantial and couldn’t have been predicted. If your circumstances are temporary, or you are just anticipating have a change in income, it’s not likely a judge will grant a modification. Again, no two situations are alike, even with 50/50 custody. Contact a lawyer for legal advice.
When you contact Graziano & Flynn, they will put together a case that will show the judge that your circumstances necessitate a change in child support payments. Once the judge agrees there is a significant change in financial circumstances, he or she will review the other parent’s current financial situation before ruling on a motion to modify the child support order.
