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
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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.
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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.
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