Child support is a court-ordered obligation and commonly enforced through payroll withholdings. These orders are reviewed every two years by the NJ Probation Department and can be adjusted at that time to meet cost of living changes. Additional adjustments can be requested by either parent when there is a substantial permanent change in circumstances that would affect the need of the receiving parent or the ability of the paying parent to meet their obligation. Examples of circumstances that could warrant a change in child support orders include:
- the loss of a parent’s job
- a significant increase or decrease in a parent’s income
- changes in the child’s needs (i.e., educational or medical expenses)
- a change in custody or parenting time
- additional dependents of the non-custodial parent
- emancipation of the child (which occurs when the child turns 19, marries, or under certain other circumstances)
Generally, a modification of child support orders is retroactive only to the date that the notice of motion was filed.
Parents have two avenues through which they can request a child support modification.
- Amicable negotiations whereby both parents agree to the changes. These changes, however, must be approved by the court.
- A formal motion whereby a parent files an Application for Modification through the Family Part of Superior Court. This application must be filed in the county where the original order was issued.
When requesting a modification to a child support order, parents must provide proof of the change in circumstances. This documentation can include pay stubs and/or tax returns to show a change in income, or proof of a change in custody. This documentation, along with the request for modification, can be submitted electronically, by mail, or in person at your county courthouse.
In New Jersey, child support obligations generally terminate once the child turns 19, unless he or she is still in high school, is attending college, or is developmentally dependent.