Most of the time the amount of
child-support is meticulously planned taking everything including exigencies
into account. But what if the amount no longer covers your children’s basic
needs?
According to Camden County, NJ DUI lawyers,
you will have to seek court intervention to get the amount increased to meet
your financial requirements. Both the custodial and the non-custodial parent
can ask the court to
reduce or increase the amount of child support.
Provide evidence of considerable change
in your circumstances
It is important to note that
requirements vary state wise. However, generally speaking, the parent who
requests the modification will have to prove to the court after the initial
child-support amount was granted there had been a significant change in
circumstances. A modification in child support can be demanded if a parent
suffered a job loss or even a raise in salary. In many cases, the child’s needs
might have changed due to various reasons.
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When can you demand a change?
If the non-custodial parent has
benefitted financially from a salary hike (10% or more) the court may deem that
the child is entitled to benefit from the change, according to New Jersey
divorce attorneys.
If the custodial parent has suffered
involuntary job loss or even a decrease in salary (10% or more) then the parent
can demand a change in the child support settlement. Thirdly, if the child’s
needs have increased substantially then the parent may ask for a raise in child
support. Remember, additional educational or medical expenses can happen at any
point while the cost of living is most likely to increase.
There are instances when the court
denies an increase. This happens when a parent left a job intentionally or has
agreed to a pay cut purely to get the amount of child support raised.
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Child support modification must be made
official
Parents who desire a modification must
go to court with their lawyers to make the change of official. Without the
official stamp on the modified amount it is not binding on the non-custodial
parent to pay, according to Camden County, NJ divorce lawyers.
Getting a court order to this effect is
mandatory. Often parents sit together and fix an amount on their own. They may
also have a written agreement formulated in the presence of their attorney.
However, this does not mean that they do not need a court order. They will need
a fresh court order that reflects the new terms.
The process of requesting a modification
is usually simple. You will have to fill out some forms and submit them to the
court. In most cases, the modification is granted without a hearing if the
judge finds it reasonable and both parents have agreed to the change. When
there is a disagreement a hearing is scheduled where both parents present their
case with their legal counselors.
If your need help with
modifying child support or any other contentious issue such as alimony or
property division, make sure to reach out to a New Jersey divorce lawyer. This
is the first step towards protecting your rights and making sure you receive a
fair settlement.
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