Why seek a child support modification?

On Behalf of | Apr 7, 2022 | blog, child custody |

Child support covers many essential expenses associated with raising a young one. A divorced parent may rely on the other parent’s monthly support payments to provide for the child, and missed payments could cause problems. However, the non-custodial parent might run into financial difficulties. In such instances, seeking a child support modification order in a New Jersey court may be necessary.

Lowering the child support amount

A parent cannot meet their obligations if they’re unable to afford them. Even though a non-custodial parent might love a child, paying support becomes challenging when a parent is out of work or suffering from a debilitating illness. However, choosing not to pay without an explanation could be a disastrous decision. The non-custodial parent may face liens and possible arrest for failing to pay child support.

As the name implies, a modification order refers to a change in the original child support decree. The court reviews the application for the change and makes a decision. If the evidence proves acceptable, the court may lower the child support amount.

Modification increases may take place

A custodial parent may initiate a child support modification order as well. Sometimes, the ex-spouse’s income increases dramatically. Since the original child support amount was derived from a smaller earning potential, it may be possible to seek an increase if the non-custodial parent’s financial situation has improved.

Circumstances in the child’s life may also change. The young one could suffer from an illness and need increased medical care. Perhaps the child turns out to be a musical prodigy and would benefit from special schooling. A boost in child support could cover new costs.

Non-binding verbal agreements to pay more might not be advisable. Going through the court may increase the chances of consistent payments for both parents.