WHEN MAY A DIVORCED PARENT SEEK A CHILD SUPPORT ADJUSTMENT?
With layoffs looming overhead and companies downsizing, many divorced parents are feeling the pinch and may be wondering “When can I seek an adjustment in my child support payment?” The traditional view has always been that you must wait three years or until a change in circumstances. However, this is not correct. In the recent case of Martin v. Martin, Judge Haas clarified that child support orders are no longer subject to automatic review by the court every three years, as originally provided by N.J.S.A. 2A:17-56.9a.. In 1998 an amendment to N.J.S.A. 2A:17-56.9a and the simultaneous adoption of Rule 5:6B provided that a child support amount is automatically adjusted every two years to reflect the cost of living, with each party having an opportunity to contest the adjustment. Although you must wait two years for an automatic review by the courts, you may always apply for a child support adjustment based upon a change in circumstances. However, this begs the question, what constitutes a change in circumstances?
Generally, one of the following scenarios must occur to justify an application for an adjustment of child support based upon a change in circumstances (Lepis v. Lepis):
- an increase in the cost of living,
- increase or decrease in the supporting spouse's income,
- illness, disability or infirmity arising after the original judgment,
- the dependent spouse's loss of a house or apartment,
- the dependent spouse's cohabitation with another,
- subsequent employment by the dependent spouse,
- changes in federal income tax law,
- an increase in a child’s needs whether occasioned by maturation, the rising cost of living or more unusual events.
Even if you have experienced one of these scenarios, it is not guaranteed that a court will order a modification of a child support order. Typically a court will require extensive evidence of the new situation in order to justify a change in the child support obligation.
