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Under New Jersey law parents have a duty to support their children financially. At the time of divorce, if the couple has children, a judge will most likely grant one spouse child support. The amount of New Jersey child support decided upon at the time of divorce may not be a realistic amount in the future.

Income changes, illnesses, and growing families are just a few examples of circumstances that may make a child support amount unfeasible for a supporting parent. Additionally, changes in the amount of financial support that a child needs may also necessitate a modification of child support. If a married couple divorces when a child is young, the support that child needs may be very different when the child is a teenager.

Typical New Jersey Child Support Modifications

In an ideal world parents would be able to agree upon the amount of support required for their child and be willing and able to pay that amount. In reality, it can be difficult to determine how much support the child needs, and it can also be difficult to determine how much a parent can afford to pay.

Therefore, parents may wish to modify their NJ child support agreements from time to time. In doing so, the parent wishing to modify the child support order must show “changed circumstances” that merit a change. Common examples of situations meriting a modification of child support include a change in the either parent’s income or financial situation, an increase in the cost of living, or an illness or disability. The parent that wishes to modify the order has the burden to prove to the court’s satisfaction that the change in circumstance warrants a modification to the child support payments, and in determining if a modification is appropriate, a judge may order financial disclosures of both parents.  Courts typically do not approve modifications where the change in circumstance is temporary. Continue Reading →

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Questions often arise upon divorce regarding whether having a new significant other in the presence of the child is appropriate. Over the past four decades New Jersey courts have evolved on this issue. The leading cases are discussed below.

DeVita

DeVita is a 1976 New Jersey case that discusses the contact that a child may have with a parent’s new significant other.In DeVita, a father appealed his divorce judgment that prevented him from having a female companion stay overnight in the same home as his children when they visited him. The evidence presented showed that the two adults slept in separate bedrooms with their respective children and that nothing improper occurred during the overnight visit. Still, the court found that the restriction on overnight companions was enforceable in this case, based on the “moral welfare” of the children possibly being compromised. Continue Reading →

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