Many changes can occur in the lives of parents and children that require modifications to child support obligations. In the months and years after a divorce is finalized, you may find that more or less is required to financially support your children. If you need to make a modification in child support payments due to a change in your circumstances and you are located in Staten Island, Brooklyn, or in the counties of Middlesex or Monmouth in New Jersey, you should seek our legal assistance.
As Staten Island divorce lawyers, we are licensed to practice law in both New York and New Jersey and can apply to the courts in these states for a modification of any aspect concerning your child support payments.
Child Support Modifications in NY & NJ Family Courts: An Overview
Child support payments may be changed by making a request for a modification submitted as a formal petition or motion to the court. This modification request can occur at any time throughout the period that support payments are required. Modifications may be requested when a change in the circumstances occurs, such as when a parent loses employment, or when the child requires additional income due to a medical or educational reason.
It is not wise for parents to make verbal agreements between themselves regarding a child support modification. It is always best to seek legal advice from a competent Staten Island divorce lawyer before making any decisions regarding child support modification. We can provide you with the knowledge and counsel you need.
What Situations Can Warrant a Child Support Modification?
There are several different circumstances that may justify a modification to child support in New York or New Jersey. Generally speaking, courts are looking for a substantial change that materially affects either parent’s finances, the child’s needs, or the overall parenting arrangement itself.
Some of the most common reasons fathers seek child support modifications include the following:
- A substantial reduction in income
- Job termination or involuntary unemployment
- Serious illness or disability
- Business losses or declining self-employment income
- Retirement
- A significant increase in the other parent’s income
- A change in custody or parenting time
- The child spending substantially more time living with the father
- Increased medical expenses
- Military deployment
- One parent relocating
- A child reaching the age where support obligations may terminate
- A support order that is more than three years old
- A 15% or greater change in either parent’s income
- Discovery that financial information used during the original support proceeding was inaccurate or incomplete
What Do I Need to Prove to Receive a Modification to Child Support?
Simply believing your support order is unfair is generally not enough to receive a modification. Instead, you will have to provide evidence demonstrating that circumstances have materially changed since the original order was entered. Some of the most important forms of evidence in child support modification cases can include:
- Tax returns
- Pay stubs
- Employment termination notices
- Medical documentation
- Bank statements
- Business profit and loss statements
- Proof of disability
- Documentation regarding job search efforts
- Parenting schedules
- School records
- Insurance information
- Childcare expense documentation
- Prior court orders
Generally speaking, New York courts may grant a child support modification if:
- Three years have passed since the order was entered or last modified
- Either parent’s income has changed by 15% or more
- There has been a substantial change in circumstances
That being said, courts often have substantial discretion when evaluating these situations. For example, if a father loses his job due to layoffs, downsizing, company closures, medical issues, or other circumstances outside of his control, the court may view his request far differently than someone who voluntarily quit employment.
How Does the Child Support Modification Process Work in NY & NJ?
There are several steps involved in the child support modification process, though the exact procedures may vary slightly depending on whether your case is in New York or New Jersey.
New York Child Support Modification Process
Generally speaking, the process in New York works as follows:
- A petition for modification is filed with the appropriate Family Court.
- The other parent is formally served with the petition and supporting documentation.
- Both parties exchange financial information and records.
- Court appearances, conferences, or hearings are scheduled.
- Evidence regarding income, parenting time, and changed circumstances is presented.
- The judge determines whether a modification is appropriate.
During this process, the court may carefully examine financial records, employment history, parenting schedules, business records, and any other evidence it believes is relevant. Additionally, if the court believes either parent is intentionally underreporting income or attempting to avoid financial obligations, it may conduct a deeper review of that parent’s earning capacity and financial situation.
Importantly, you should understand that your existing support obligation remains in place unless and until the court formally modifies it. This means that even if you are actively pursuing a modification, you are generally still expected to continue making payments under the existing order while your case remains pending.
New Jersey Child Support Modification Process
The process in New Jersey is somewhat similar, though there are certain procedural differences.
Typically, the process includes:
- Filing a motion for modification
- Providing updated financial disclosures
- Demonstrating changed circumstances
- Attending hearings if necessary
- Receiving a revised support determination if the court grants the request
New Jersey courts may analyze several factors when determining whether a modification is appropriate, including:
- Each parent’s income
- Parenting time arrangements
- Childcare expenses
- Health insurance costs
- Educational expenses
- The child’s individual needs
New Jersey courts may also evaluate whether a financial hardship is temporary or long-term. Naturally, this can become a highly contested issue, particularly in situations where a father has experienced recent unemployment, business losses, or fluctuating self-employment income.
Contact Our Child Support Modification Lawyers Today
If you’re looking to modify your current child support modification due to a significant, continuing, and unforeseen change of circumstances, our child support modification lawyers are here to help. Contact Dow Divorce Law to arrange a Legal Strategy Session about modifying your child support order at your earliest opportunity.
