Exclusively Focused on Family Law Matters Over 60 Years of Collective Experience. Thousands of Families Helped.

Standard for Modifying Child Support

If you are seeking modification of child support either to increase or decrease that support, under New Jersey law it is possible to do so. However, there are some conditions.

What Qualifies as a "Change of Circumstance?"

Child support is only modified if it can be proven that there is a change of circumstances that is both significant and permanent.

Examples of changed circumstances include:

  • The loss of a job usually for one or more years
  • Permanent disability of a person
  • A person's illness
  • Decrease or increase in parenting time by the noncustodial parent
  • Obtaining higher paying employment.

For example, if the payor lost his or her job, that is not enough to modify child support. However, if the payor lost his or her job, has been out of work for a year or more and has made a diligent effort to secure comparable income at a comparable position but cannot, then this job loss would qualify as a reason to modify child support.

The person who files for the modification bears the burden of proving these changed circumstances and must meet this burden of proof prior to the court ordering the other person to provide his or her financial information. To be sure you meet that burden of proof, it is wise to talk to a divorce attorney.

Your Obligation to Pay Support Ends at Emancipation

In New Jersey, when a child is considered "emancipated," then your obligation to pay child support for that child ends. There is no fixed age when a child is emancipated and this depends upon the child's life circumstances.

In New Jersey, emancipation occurs when the child:

  • Reaches the age of 18 years old, is not a full-time student at an institution of higher learning and becomes financially independent
  • Cohabitates with a party (not a roommate) holding themselves as if they were married
  • Enters into the armed forces
  • Marries
  • Is employed full time and is not attending school on a full-time basis (this does not include summer jobs between semesters)

If a child is emancipated, your child support obligation will cease unless there is another child. If there is another child still un-emancipated, the court will modify the support order using your and the child's other parent's gross income.

Want to Modify Your Child Support Agreement?

If you want to modify your child support agreement, talk to the Monmouth County divorce lawyers at the Law Offices of Steven P. Monaghan, LLC. With 60+ years of combined experience under our belt, we are eager to guide you. Your first consultation is always free.

Call (732) 624-6343 or complete the online form to get started.

Former Client Experiences

We Tailor Our Approach Specifically to Meet Your Goals
  • “Thank you for everything you did for our daughter and grandson. Your expertise was able to bring to an end a long and difficult journey for all involved. We are very appreciative of you. Thank you for ...”

    - G.H.
  • “My sincerest and heartfelt thank you. You all will never know how very much your patience, dedication, and professionalism means to me.”

    - S.C.
  • “Thank you for defending me- legally & morally. Thank you for talking honestly to me. Thank you from the bottom of my heart. You were amazing; truly amazing!”

    - M.D.
  • “Steve, I can’t thank you enough for being there for me today. The fact that you had my back and validated my role as a mother and wife for over 18 years meant so much. It has been an unfortunate and ...”

    - T.M.
  • “You will never be forgotten. We will always be thankful for all the help you have given us. May you be blessed with nothing but the best. We have been given a second chance, which would’ve never ...”

    - M.M.
/

TURN TO OUR TEAM FOR GUIDANCE

WE HELP FAMILIES NAVIGATE TO THE NEXT CHAPTER
  • Certified by the Supreme Court of New Jersey
  • Practicing Family Law Exclusively
  • Over 60 Years of Combined Experience
  • Recognized & Trusted by the New Jersey Community
  • Free In-Person Consultations