), among others. recent new child support law has strengthened the ability to modify child support based on parenting patterns Here you will find all of the forms you need to file for modification of child support, or to respond to a summons for a hearing on child support. That form can be found here for married couples.
What happens if the other party does not respond to the summons? Your attorney can help you appeal this decision if together you think that the judge’s ruling was incorrect, but in general, this is the final decision. I practice family law in New Jersey, so that is my frame of reference, however, most states follow a similar procedure. Be warned: If you are behind in your child support payments and fail to show up at the child support modification hearing, the judge may issue a warrant for your arrest. Whichever parents wants to modify the child support arrangement must also submit a statement of reasons for the modification. Also, knowing in advance what you need to do and file to support your position on the issue will increase your confidence as well as the likelihood of your success. The parties will appear with their attorneys at the time and date specified on the summons, and in the courtroom of the judgewho will preside over the matter. Reproduction in whole or in part without prior written permission is prohibited. Must I Have an Attorney to Modify Child Support? The judge will request the custody agreement of the parents to help determine if and how much to modify child support. All rights reserved. Simply put, it is in your and your child’s best interest to respond to the summons and participate fully in any hearings that arise. Both parties will need to provide documentation supporting their financial status for review by the court. Failure to convince the judge that a change is necessary means that the child support arrangement will not change. In New Jersey, expenses such as preschool or daycare and activities such as sports, music, or youth clubs are not listed in the Child Support Guidelines and they are not usually provided for in a child support order. Since child support is based on the income of both parents, each must present evidence of their current financial status, such as income statements, tax returns and budget. Your attorney can help you appeal this decision if together you think that the judge’s ruling was incorrect, but generally this is the final decision. We are available throughout the week and a voice-mail message can be left 24-hours a day. What to Expect at a Child Support Modification Hearing. These documents include the following, among others: If a parent is requesting a change in child support due to a change in the child custody agreement, that parent will need to provide a copy of that agreement as well.
Katherine K. Wagner, Esq. from U.C.