At Bronzino Law Firm, we have extensive experience helping clients in towns like Brick, Howell, Wall, and the greater Ocean and Monmouth county area to successfully pursue, and receive, a modification to their existing child support agreement. Contact our office today to discuss your case in a free and confidential consultation.
If you are seeking to modify your existing child support order, the most important step you can take is to consult with an experienced Ocean County child support modification attorney. Together, you will file a motion with the courts asking them to modify your child support agreement. Along with the motion, you will need to attach a copy of the specific order you wish to modify (the existing agreement), copies of any prior or current case information statements, any supporting affidavits (sworn statements) related to proving your changed circumstance, and a legal argument for your case, which your Brick, NJ child support will help you to draft. You will also need to include any and all financial documentation which helps the judge to better understand your specific situation.
If the judge finds their is sufficient evidence supporting a changed circumstance allowing for a modification of child support, the judge will then require that the other parent supplies the court with current financial information, and then the courts will subsequently modify your child support agreement, taking into consideration all of the same considerations they do when determining the initial child support settlement such as:
Once all of these factors have been taken into account, the court will order a modification of child support in-line with the specific changed circumstance cited.
As previously noted, in order to modify a child support agreement, you must show “changed circumstances” which are permanent, substantial and unanticipated (meaning that at the time the initial child support settlement was made, the changed circumstances could not reasonably have been anticipated).
The most commonly cited changed circumstances include, but are not limited to:
Depending on the specific situation, these factors can allow either the payee, or the dependent party, to seek a modification to their existing child support agreement. For more information regarding your unique situation and whether or not you may qualify for a child support modification, contact Bronzino Law Firm to discuss your case further in a free and confidential consultation.
While the above situations require court intervention in order to be decided, there is one notable exception wherein the dependent party can achieve an increase in child support. Known as a Cost of Living Adjustment (COLA), COLAs happen automatically every two years for child support paid/received through the Probation Division, or can be applied for in order to obtain an incremental increase in child support in accordance with inflation rates, as calculated by the Consumer Price Index. This process can be applied for directly filing the correct forms, but it can be contested by the supporting spouse if his/her income has not increased at the same rate as the cost of inflation.
For information regarding how to file your COLA, or contesting a COLA, contact Bronzino Law Firm or view our article on this topic.
The supporting spouse may also file for the termination of their child support obligations when their child becomes emancipated. Emancipation does not necessarily mean the child turning 18, or graduating from high school, emancipation age is unique to each situation. Additionally, just because your child has become emancipated, it does not automatically relieve your child support obligations.
For a more complete overview of emancipation, and how it may affect your case, please visit our emancipation page.
At Bronzino Law Firm, we have extensive experience helping clients in Spring Lake, Wall, Howell, Jackson, and the surrounding communities to successfully petition the courts, and receive a modification of their child support agreement.
We believe that straightforward and regular communication with our clients is key, allowing us to provide an honest assessment of their case, and then working together in order to achieve the best possible result. Our smaller size allows us to develop personal and attentive relationships with our clients, while charging reasonable and fair rates for our services.
To speak with Peter J. Bronzino today in a free and confidential consultation regarding the modification of your child support agreement, please contact us online or through our Brick, NJ office at (732) 812-3102.