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New Jersey Request for Maintenance
Category:
State:
Multi-State
Control #:
US-161-AZ
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Word;
PDF;
Rich Text
Instant download
Description
How to fill out Request For Maintenance?
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FAQ
State law mandates a cost of living adjustment on every child support order every 2 years. The parties must receive notice of the proposed adjustment and has 30 days to contest the adjustment. A "changed circumstances" modification restarts the 2-year time span.
To calculate this, we multiply the total child support amount (line 13) by each parent's percentage of income. For CP, it is 46% x $342.00, which equals $157.00 per week. For NCP, it is 54% x $342.00, which equals $185.00 per week.
You will need to file a motion asking the court to grant your request for a modification. To that you'll need to attach a copy of the court order you want to change, a copy of a prior and current case information statement or statements, supporting affidavits (sworn statements) and briefs (legal arguments).
Once you file a motion to modify child support, however, you cannot file for modification again until two years have passed, unless an exception applies.
The Application/Cross Application to Modify a Court Order is a written request in which you ask the court to change or enforce an existing court order. The court will change an order only if important facts or circumstances have changed from the time the order was issued.
How to Win a Child Support Modification Case1 Take advantage of the rights you already have.2 Reach out to your ex-partner if you think they'll be amicable.3 Solicit free legal help if you can't hire an attorney.4 Do it on your own only if you can't get help.5 Determine what has changed to justify a modification.More items...
The guidelines also take expenses into account, such as child care, medical insurance, and any factor the court deems best for the child. Of course, if both parents can agree on an amount for child support based on the guidelines, a Consent Support Agreement will be established and no court appearance is necessary.
New Jersey has an anti-retroactivity statute that only allows a child support modification to be effective back to the date that notice of the motion was filed.
A major case from the New Jersey courts sets the standard for modification of child support orders. It says that if a parent is experiencing "changed circumstances", the parent can file a motion (legal paperwork) with the court and ask the judge to grant relief by increasing or reducing the award.
The only way to legally reduce your child support payment under New Jersey law is to file a motion with the family court and to request a reduction/modification of the child support order.
