Child Support - Probation

Asked almost 2 years ago - Rahway, NJ

I understand that there are guidelines for child support. What happens after two years to that support amount? Someone told me there are cost-of-living increases. Is this done automatically? What if there has been a change in income? Reduction of one, increase of another? Both incomes have increased? Does all child support go through probation?

Attorney answers (3)

  1. Kenneth A White

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . If child support has been set / confirmed in an Order of the court and that Order (or a subsequent Order) requires that the payments go thru the Probation Department, whether via wage garnishment or voluntary payment) every two years the Probation Department will adjust the support via a cost-of-living adjustment. If suport is not payable thru Probation litigants generally forgo the cost-of-living adjustment.

    If there is a change of income child support will not be automatically adjusted. The only way to modify a previously set child support amount is to enter into a Consent Order (confirming an agreement) or by filing a Motion with the court.

    Kenneth A. White, Esq.
    New Jersey Family Law Attorney
    732-819-9100

    The Answer provided was based on the limited information provided, and represents information based on the law in... more
  2. Ivan Raevski

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . As other counsel pointed out, it really depends on whether or not your child support is payable through probation. If it is, the cost of living adjustments are done automatically. If not, you would have to ask the court to adjust it. To do this you would have to file a motion to amend child support.
    Same goes for change of circumstances (lower/higher income). You have to ask the court to make this change. The Court will calculate child support according to the guidelines using current income of both parties.

    This answer should not be construed as creating an attorney-client relationship, and is for informational purposes... more
  3. Bari Zell Weinberger

    Pro

    Contributor Level 14

    Answered . If child support is paid and monitored through probation there is usually a cost of living increase or review every two years. It should occur automatically. If it did not, you should contact your case worker at probation.
    If there has been a change in circumstances you can revisit the child support amount. The change must me substantial. Otherwise, without the change, you can seek a review after three years.
    Not all child support goes through probation. You have to request it.

    The information provided is not, nor is it intended to be, legal advice. This information is designed for general... more

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