Many people wonder if they are able to receive an increase in child support after a court order is entered. The general rule is that you may apply to the court for an increase in child support any time you experience a change in circumstances.
So what does it mean to have “changed circumstances?”
It means that a change has occurred in the lives of the parties, since the prior order was entered, that is substantial, permanent (the change cannot be temporary), and was unanticipated at the time the prior order was entered.
If you are looking to obtain an increase in child support, some examples of “changed circumstances” might include:
♦ A significant increase in the payor’s income
♦ A significant decrease in payee’s income
♦ A significant decrease in parenting time with the other parent
♦ A parent or child suffered a serious illness or disability
♦ Loss of home or apartment
♦ Termination of an alimony award due to remarriage
While this is a list of potential changed circumstances, each case is fact-specific and the court will analyze your particular situation to determine whether a change of circumstances has occurred. As the person trying to change the prior child support award, the burden is on you to prove that there has been a change of circumstances. Once this has been proven, the court will then ask the other party to submit recent financial information to help determine whether a change in the previous child support order is warranted.
In order to obtain an increase in child support, you have to formally file a motion and ask the court to make the change. You will need, among other things, a certification explaining your changed circumstances, a copy of your previous child support order and prior Case Information Statement, as well as a current Case Information Statement and financial documentation. The court will then review your case and make a decision whether or not to grant your request. If there are facts in dispute between the parties, the court may decide that a plenary hearing is required (a mini-trial where witnesses and experts can testify and evidence can be introduced).
If you feel that you have experienced a change in circumstances that warrants an increase in child support, contact The Law Office of Jill Jedrusiak, LLC. Ms. Jedrusiak will be happy to meet with you to discuss your specific case. Call (732) 719-2202 or email firstname.lastname@example.org.