This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
New Jersey Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support
State:
Multi-State
Control #:
US-00800BG
Format:
Word;
Rich Text
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FAQ
For a hypothetical example, if two parents have one child and jointly earn $1,000 per week, then the non-custodial parent must pay $233 in child support each week. If these parents had two children, the non-custodial parent would pay $257 per week.
Can I change a child support amount if I need to? A: Yes, but to change it, you must go through a process like the one when the child support order was entered. Whoever wants the change must file papers at the Court, and ask for a hearing or conference.
All child support orders in New Jersey require language that the child support amount will be adjusted every two years by way of a cost of living adjustment. This applies to original, modified or enforced child support orders, though there are different applications of the rule for orders made before August 31, 1998.
Can I change a child support amount if I need to? A: Yes, but to change it, you must go through a process like the one when the child support order was entered. Whoever wants the change must file papers at the Court, and ask for a hearing or conference.
New Jersey courts will only modify alimony previously agreed upon in limited circumstances. If you are the person requesting the modification, you'll have the burden of proving a significant change in circumstances and showing why the decrease or increase in payments is necessary.
Filing a Motion: If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. A motion is a written request asking the court to change something in the order or make the other party comply with the terms of the order.
For Some Divorcing Parents in New Jersey, it is a Good Option to Propose their Own Child Support Agreement through Negotiation Techniques, Instead of Letting the Court Decide for Them. When couples divorce, they must follow property division and support laws.
The court looks at the combined net income of the parents and compares it to the average cost of raising a child in the county where the custodial parent will live. The judge adjusts this cost based on the amount of parenting time each parent has with the child during an average month.
