You are the parent paying support and the docket number of your case begins with “FM”. In order to change a child support order, in an FM case, follow the directions outlined below. You may print out a copy of these directions to take with you.
- Go to the family intake office of the County courthouse in the county where you got your original child support order. For list of courthouse addresses where you go to file application to modify child support order, go to the New Jersey Child Support Web site (link below).
- At the family intake office ask for copies of forms called “Post Judgment Motion Papers” These papers are also available on the New Jersey Judiciary Web site ("How to Ask the Court to Change or Enforce an Order in Your Case" link below).
- You will need to put in the motion papers all of the reasons why you believe the court order should be changed. Some examples of reasons for changes are:
- You are making less money than you were when the child support was last ordered.
- Since the date of your last order you were fired or “laid off” from your job.
- Since the date of your last order you quit your job.
- You are receiving unemployment benefits.
- You cannot work because you are sick or disabled.
- You are receiving Social Security Disability (SSD).
- You are receiving Supplemental Security Income (SSI).
- You are incarcerated.
- The child’s other parent is making more money than he or she was making when the child support was last ordered.
- You have had another child since the last child support order and are supporting that child.
- Your child(ren) is/are emancipated. (Under the law, children who reach the age of 18 are presumed to be emancipated. However, this does not mean that your child support obligation ends automatically when a child turns 18. Many 18 year old children will not be considered emancipated because they are not yet able to support themselves or because they are attending college or secondary school. Sometimes the fact that a child under 18 becomes a parent will support a determination that he or she is emancipated. However becoming a parent by is not enough by itself to emancipate a child. Other factors must be present as well. In contrast, in rare circumstances a child younger than 18 may be considered emancipated if he or she is no longer financially dependent upon his or her parents.
- In addition, you will probably also be required to fill out a new Family Case Information Statement which will update your financial information since you last filed this document as a part of the divorce action. You can get this form from the family intake office of the court.