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Can I change the amount of support during a financial hardship?

On Behalf of | Dec 31, 2019 | Child Support

Both families and individuals in New Jersey may find that the rising costs of housing, transportation and day-to-day living expenses have become overwhelmingly burdensome. Requesting an increase in your court-ordered spousal or child support obligation may help get you through a temporary period of financial struggles. Alternatively, financial hardship may cause your ex-spouse to request a decrease in the amount he or she must pay as part of a divorce decree.

During the divorce proceeding, the court calculates how much to award a spouse in alimony or child support obligations. The amount of each spouse’s income, family’s size and standard of living requirements generally help in determining the awarded amount. As noted by Forbes magazine, the court may also look at factors such as health insurance, education and childcare needs in calculating support obligations.

The court also considers your child custody arrangements, such as which spouse receives custodianship and how much time the court awards the non-custodial spouse for visitation rights. If the court awards you full-time custody of the children, your income may help in establishing how much your ex-spouse pays.

At some point in time, a drastic change in financial circumstances may require requesting a change in an existing support order. A request made through New Jersey’s court system may enable a modification that results in an amount that is higher or lower than the amount ordered through the original divorce decree. If you need to request a recipient’s increase or a payer’s decrease in financial support obligations you must provide the court with three of your most recent paycheck stubs or your latest income tax return.

The information provided is for educational purposes only and not intended as legal advice.


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