How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask FamilyAnswer Your Own Question
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 25440
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
9540344
Type Your Family Law Question Here...
FamilyAnswer is online now
A new question is answered every 9 seconds

Need to lower my child support payments, new jersey, no, No

Customer Question

need to lower my child support payments
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: new jersey
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 2 months ago.

Please allow me a moment to respond

Expert:  FamilyAnswer replied 2 months ago.

In NJ, child support can be modified and/or reduced, if there is a legal basis to support it. If a party has experienced "changed circumstances" as defined by Lepis v. Lepis, 83 N.J. 139 (1980), he/she may file a motion with the Court to increase or decrease the child support he/she is paying or receiving. Before using the Guidelines to modify the child support award, the Court must find "changed circumstances." For example, if the payor parent's income substantially decreases, that parent may apply to the court for a reduction in support or if the payor's income increases, the payee may seek more child support.

Lepis requires that the change in circumstance be permanent, substantial and unanticipated. The party bringing the application to modify his/her child support has the burden to prove "changed circumstances" before the other party is required to provide the Court with his/her financial information. Examples of "changed circumstances" include loss of a job, permanent disability/illness of a party or a child, decreased or increased parenting time by the non-custodial parent, and attainment of a higher paying job.

Cost of Living Adjustment

Pursuant to Rule 5:6B of the New Jersey Court Rules, all child support orders "entered, modified, or enforced after [September 1, 1998] shall provide that the child support amount will be adjusted every two years to reflect the cost of living." A cost of living adjustment is performed by the New Jersey Child Support Probation Department.

The cost of living is based on the consumer price index of the metropolitan area that includes New Jersey. The New Jersey Child Support Probation Department is required to send both parties notice of the proposed adjustment and each party has thirty days in which to contest the adjustment.

A "changed circumstances" modification will restart the two year time period. However, a cost of living adjustment does not preclude an application for medication due to "changed circumstances."

As such, if these things are present, you could prevail.

Customer: replied 2 months ago.
Am I better to use a lawyer to help or do it on my own
Customer: replied 2 months ago.
are you a new jersey lawyer
Expert:  FamilyAnswer replied 2 months ago.

It is always in your best interest to retain legal counsel. They can act on your behalf and make sure that the proper process is followed.

Expert:  FamilyAnswer replied 2 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  FamilyAnswer replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Related Family Law Questions