Children

Modifying Your Child Support Order

March 16, 2026 | Kearns Rotolo Law

Typically, child support is determined in conjunction with the end of the parents’ relationship. A mathematical formula under the New Jersey Child Support Guidelines is used to calculate the amount of the support obligation, taking into account such factors as each parent’s income, the basic cost related to raising the child or children, and the amount of parenting time each has with their offspring. Over time, however, circumstances change and so can support obligations.

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

Child Support in New Jersey: How Parents’ Financial Obligations Are Determined

February 11, 2026 | Kearns Rotolo Law

Parents’ financial obligations to their children don’t end simply because they separate. Child support is designed to ensure the essential expenses—food, clothing, housing, transportation—of raising children continue to be met. Additional expenses, like health insurance premiums, extraordinary medical care, and work-related childcare, may also be included, if needed. Determining each parent’s share of these obligations is based on several factors: income, parenting time, number and ages of children.

How Income and Parenting Time Play A Role

The percentage each parent contributes to the family’s combined net income is a major consideration when calculating child support. For example, if one parent earns 40% of the combined income and the other earns 60%, their individual child support obligation would be impacted by this. One parent’s receipt of alimony from the other parent would require adjustment of these percentages. Be aware, though, that a parent who is unemployed or under-employed by choice is not exempt from their child support obligation; rather their share of this obligation can be based on their potential earning capacity.

Helping Kids Avoid Unhealthy Reactions to Your Divorce

September 19, 2025 | Kearns Rotolo Law

Children obviously experience emotional reactions to their parents’ divorce. Oftentimes, these reactions develop into harmful narratives that children internalize or project on others. These reactions can range from clinging to false hope of a reconciliation between their parents to blaming themselves for the breakup of the marriage.

Despite worrying about the effects it might have on the children, divorce is the only option for some couples. To help their children accept divorce in a healthier way, parents need to truly understand what their children are feeling. For a look at four common reactions children may have to divorce, and how parents can change those reactions from harmful to healthy, read “4 Common Ways Kids Experience Parental Divorce or Breakup.”

Why You Should Revisit Your Custody Agreement

August 20, 2025 | Kearns Rotolo Law

Divorce is stressful for the entire family and parents will often go out of their way so as not to subject their children to any more stress. As a result, children in most cases are shielded from decisions about what life will look like for them once their parents part ways rather than included in these decisions. And, although custody agreements generally put the child’s best interests first, those interests change as children grow.

Infant and toddler needs are very different from the needs of middle schoolers and teenagers. Rigid parenting plans fail to take that into consideration and end up leaving children feeling helpless. Parents can help avoid this. To learn how read, “Custody Schedules Should Change With the Needs of Children.”

‘Birdnesting’ May Sound Like the Ideal Co-Parenting Concept but It Has Its Own Challenges

May 1, 2025 | Kearns Rotolo Law

Divorce is fraught with difficult decisions. For parents, one of the most stressful decisions has to do with child custody. After all, while the relationship between spouses may be over, the relationships between parent and child are not. That’s why many divorcing parents strive to reach agreement on some type of co-parenting arrangement.

There are many variations of what a co-parenting arrangement looks like, but most have the child or children splitting their time between Mom and Dad’s respective homes. Depending on how far Mom and Dad live from each other, this can be disruptive to their children’s schedules and social lives. A less disruptive arrangement is one referred to as ‘birdnesting’ where the parents, rather than the children, changes houses, but even this arrangement has its challenges. To learn more about this co-parenting concept and whether it could work for you read, “What is ‘Birdnesting’ and Is It Right for Your Family?”

What Can Prompt a Judge to Change a Custody Agreement?

March 5, 2025 | Kearns Rotolo Law

When parents of minor children divorce, one of the most critical decisions for the court to consider is the legal and/or physical custody of those children. Factors the courts examine to resolve the question of custody include the health, financial state, and lifestyle of the parents, the stability of the home environment, any history of domestic violence or abuse, and the relationships between the children and their parents and siblings. The decision is then based on the principle of “the best interest of the child.”

Custody and visitation arrangements for the most part are intended to be in place until the child reaches the age of majority, which in New Jersey is 18. At that point it is expected that the child can make his or her own decision on where to live. There are circumstances, however, when the courts can intervene and change the terms of the custody agreement before the child reaches 18. To learn what can cause a judge to change a custody agreement read, “5 Reasons a Judge Will Change Custody.”

Can Terms of a Custody Agreement Be Changed?

November 6, 2024 | Kearns Rotolo Law

When a divorce involves young children, one of the most important issues to consider is child custody. In New Jersey, the terms of the custody agreement can be negotiated by the parents or decided by a family court judge. If the parents work out the terms on their own, their agreement must be submitted to the court for approval before becoming legally enforceable. Although the judge generally will consider the rights of each parent when deciding on custody arrangements, his or her final decision will be based on what is in the best interest of the child.

It is possible that over time circumstances change resulting in the original custody arrangements no longer serving the child’s best interest. Because the arrangements are legally binding, however, parents must return to court to have the agreement officially amended. Under what circumstances is a judge likely to consider amending a custody agreement? Read “5 Reasons a Judge Will Change Custody” to find out.

How to Listen to Your Children When Divorcing

October 2, 2024 | Kearns Rotolo Law

Divorce is a difficult, highly emotional transition. Everyone involved experiences a gamut of emotions – sadness, fear, grief, anger, and so on. It’s human nature to want to express those emotions and vent. As a parent, though, you are warned of the dangers of speaking ill of your ex-spouse in front of your children, so you learn to compartmentalize and control your feelings. But what about your children?

Children share the same feelings and emotions you do when you divorce. On top of that, they may also feel helpless and, perhaps, even guilty. Listening to your children and allowing them to express their feelings can go a long way in helping them manage this transition in their home life. For advice on how to do that, read “How to Deal with Children’s Questions About Parents’ Divorce.”

Your Spouse Asks for a Divorce, Now What?

August 7, 2024 | Kearns Rotolo Law

Whether you saw it coming or not, once your spouse tells you they want a divorce, you’ll start to grapple with trying to understand what your future will look like. Your initial reaction may be to try and save your marriage but, if that fails, you’ll be left with a number of questions: How will I tell the kids? Where will I live? How will I support myself/my family?

No one can predict exactly what post-divorce life will look like, but there are steps you can take to protect your assets and ensure that you and your family have something to start with. To learn what some of the first steps you should take are, watch “7 Immediate Actions to Take When Your Spouse Requests a Divorce.”

Helping Kids Cope When Co-Parents Don’t Agree on the Rules

February 1, 2024 | Kearns Rotolo Law

While co-parenting after divorce has its benefits, it also presents obstacles – not only for the parents but for the children, too. Let’s face it, if you and your ex agreed on everything, chances are you wouldn’t be divorced. So, it wouldn’t be unusual for divorced parents to have different rules when it comes to raising their children.

When parenting styles differ, it can create confusion and frustration for children who split their time 50/50 between their divorced parents’ homes. In some cases, it may even cause the children to act out and lead to behavioral problems. How can you ease this confusion and make it easier for your child when you and your ex can’t get on the same page? Read “Two Homes, Two Sets of Rules” for some suggestions.