Child support is determined initially by a fairly detailed set of guidelines. These guidelines include many things, such as the amount of time the child spends with each parent, the age of the child, the number of children in the household, and the existence of other families that the child support payer must also support. The guidelines also include adjustments for the income of the parent being asked to pay. However, according to many involved in the New Jersey family court system, there is little ability for parents to adjust these amounts to reflect changed circumstances.
There is, technically, a system for filing requests for payment adjustment because of income loss. However, according to Assemblyman Sean Kean of Monmouth County, judges rarely act on these requests. Often, such requests are denied without serious review. To correct this, Kean has introduced a bill to the New Jersey Legislature that includes a provision for ensuring review of requests for altering payments. The bill has already been unanimously approved by the Judiciary Committee in both houses.
If the bill passes, hearings will be required to decide the legitimacy of requests for child support reduction, with both parties being allowed to have legal counsel.
On the surface, this definitely seems like a positive step, but it remains to be seen what the potential ramifications of these changes could be.
The family law attorneys at the Law Offices of Anthony Carbone, PC, are prepared to fight for your rights in any child support case. To learn more about your legal options, please contact us today for a consultation.