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Filing a motion to increase child support after job loss

On Behalf of | Apr 30, 2021 | Divorce

If your work situation has changed for the worse and you now make less money, you may be wondering if you can receive more child support. After all, you do not want your child to suffer from your income loss.

The combined amount you and your former spouse each contribute to your child’s support should be enough to cover housing, food, clothing, transportation, education expenses and health needs. The New Jersey Courts explain the process of modifying the original court order to meet these needs.

Request the change

You must file a motion to get the process started. This written request provides the court with the information you believe is relevant for the change. You should show that your new situation is both significantly different and permanent. The burden of proof will be on you for these factors. Once the judge agrees that your request is valid, then the modification proceeds.

Wait for the response

The other parent receives a notice about the case and the court hearing, as well as all the documentation you included with your application. He or she must provide the court with current financial information, as well.

Attend the hearing

When the judge evaluates your request, other factors may come into play. Your child’s age, needs and health are always relevant matters. For example, if your child just started high school, you may have even more education-related expenses, now. On the other hand, if the other parent has developed a health condition, the judge may decide increasing the ordered amount would cause hardship.

Ideally, the other parent will be just as concerned about meeting all your child’s needs as you are and will not cause any conflict about contributing a fair share of the support.