If you have recently lost your job, you may be struggling to make ends meet. As a result, you may have difficulty making your child support payments. Read on to learn more about modifying child support in New Jersey.
How is child support determined in New Jersey?
In some cases, child support can be determined by the couple during mediation. However, it can be incredibly difficult for couples to agree on child support. In the majority of cases, child support will be determined by a judge. In New Jersey, a judge will consider some of the following factors when it comes to determining the amount and duration of child support:
- The child custody arrangement you and your spouse currently have in place
- Your child’s needs
- You and your spouse’s earning capacity
- You and your spouse’s age and health
- The age and health of your child
- Whether your child has any special needs
- Whether your child is seeking higher education, such as college
- Whether you or your spouse have any liabilities
- You and your spouse’s standard of living
- You and your spouse’s yearly income
What to know about child support modifications:
It is important to understand that if you have lost your job, you will still have to continue making child support payments. Payments must continue until the court officially states otherwise. That being said, there are certain circumstances in which you can modify your child support payments. You may be able to change the amount and/or frequency of your payments in certain cases, for example, in the event of unemployment.
When it comes to child support modifications due to unemployment, the court will examine the following factors:
- Has the individual been out of work for at least 90 days prior to seeking the child support modification?
- What was the reason for the loss of employment?
- What has the individual done in the meantime to find a replacement position or alternative means of income?
- Is the individual able to physically and mentally obtain and retain employment?
- Did the individual receive and severance payment from their previous employer?
If you have any questions or concerns about child support modifications, our firm is here to help. Reach out today to discuss your options.
Contact our Firm
We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928