Under New Jersey law, Agreements between divorcing spouses as to child support are always subject to review and modification based on a showing of "changed circumstances." Good Family Law Attorneys are familiar with how to best make that showing. I recommend that you meet with a good Family Law Attorney and go over your situation in detail.
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At least go to a consultation with an attorney. Have him/her review prior judgments/orders. You will leave with a better understanding of how to proceed.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
As the other attorneys have stated, certain provisions of agreements and court orders are always subject to modification based upon a change in circumstances from the time the issue was last addressed either by the parties or the Court. You would be best served by consulting with a Family Law attorney regarding your specific facts and circumstances. Please also take a look at the articles at the link below for more information.
The information provided is not, nor is it intended to be, legal advice. This information is designed for general information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
I agree with other counsel that you should consult with an attorney to discuss your issues. A lay person like yourself may have difficulty demonstrating to the Court your change in circumstances. Also, you should be advised that her remarriage and having another person support her is usually not a reason to change child support. Her new spouse does not have a financial obligation towards your children. Also, her having another child may actually cause your child support to go up. An attorney can explain to you what the possibilities are so you know best how to proceed.
This answer is being made for informational purposes only. It does not constitute legal advice. By responding to a question, no attorney-client relationship has been established.
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