Modification Of Child Support

1. Where any judgment or order is administered through the Probation Division, notice of all motions for modification or enforcement shall be provided to the Probation Division: N.J. Court Rule 5:7-6.



2. Law Lessons from CAMPBELL v. CAMPBELL (App. Div., A-2718-04T5, March 16, 2006, not approved for publication): Child support orders are subject to review and modification upon a showing of "changed circumstances." Lepis, 83 N.J. at 146. Even after divorce, children are entitled to benefit from the good fortunes of their parents. W.S. v. X.Y., 290 N.J. Super. 534, 540 (App. Div. 1996). The "guiding principle is the 'best interests of the children.'" Lepis, 83 N.J. at 157. "'[C]hanged circumstances' are not limited in scope to events that were unforeseeable" at the time of divorce, and may include, among other things, maturation of the children, increased cost of living, a change in the payor spouse’s income, and subsequent illness or disability. W.S., 290 N.J. Super. at 539; Chobot v. Chobot, 224 N.J. Super. 648, 653 (App. Div. 1988). In order to make out a prima facie case for a change of circumstances, the moving party must demonstrate that the "child's needs have increased [or decreased] to an extent for which the original arrangement does not provide [or no longer requires]." Lepis, 83 N.J. at 157.



3. Law Lessons from MAKARA v. MARINO (App. Div., A-5334-04T1, March 20, 2006, not approved for publication): The party seeking a change in child support obligations bears the burden of establishing the circumstances that warrant the modification. Zazzo v. Zazzo, 245 N.J. Super. 124, 132 (App. Div. 1990), certif. denied, 126 N.J. 321 (1991).



4. Law Lessons from: W.L. v. J.W. (App. Div., A-4421-04T1, April 7, 2006, not approved for publication): The issue of whether a party's support obligations should be suspended during the payor's incarceration is not subject to a bright line rule. Kuron v. Hamilton, 331 N.J. Super. 561, 576 (App. Div. 2000).



5. Return to the Child Support Topic



6. Return to General Topic Index

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