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Family and Relationships

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Home Page > Family and Relationships > Child Support > How to Change a Child Support Order > I am the parent who is supposed to be paying support > I have had a "change in circumstances" > Yes I have a copy of my most recent child support order

The docket number begins with FV

 

You are the parent paying support and the docket number of your case begins with “FV”. In order to change a child support order, in an FV case, follow the directions outlined below. You may print out a copy of these directions to take with you.

  1. Go to the family intake office of the County courthouse in the county where you got your original child support order.  For a list of courthouse addresses where you go to file an application to modify child support order, go to the New Jersey Child Support Web site (link below).

  2. Ask to speak to the domestic violence team leader or other staff member in the Domestic Violence Unit of the Family Part.

  3. Ask for the form(s) used to request a change of your restraining 0rder.

    NOTE – if you are incarcerated and cannot physically get to the courthouse you are permitted to use the form linked below ("How to Ask the Court to Change or Enforce and Order in Your Case"). However, all other persons must use the shorter form(s) provided at the courthouse.

  4. You will need to put in the form(s) all of the reasons why you believe the court order should be changed. Some examples of reasons for changes are:

    1. You are making less money than you were when the child support was last ordered.

    2. Since the date of the last order you were fired or “laid off” from your job.

    3. Since the date of the last order you quit your job.

    4. You are receiving unemployment benefits.

    5. You cannot work because you are sick or disabled.

    6. You are receiving Social Security Disability (SSD).

    7. You are receiving Supplemental Security Income (SSI).

    8. You are incarcerated.

    9. The child’s other parent is making more money than he or she was making when the child support was last ordered.

    10. You have had another child since the last child support order and are supporting that child.

    11. 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.

  5. You should attach any documents which support your reasons for your request such as medical bills, insurance bills, pay stubs, unemployment checks, bills for tuition.

Procedure for Filing Papers and Appearing in Court

  1. Make a copy of your papers and file them with the clerk at the family intake office.

  2. Be sure that you get a copy back.

  3. A member of the staff of the Domestic Violence unit will then serve the other parent by sending him or her a copy of your papers.

  4. A few weeks later, you will receive a notice of a hearing and a date and time to appear at the courthouse.

  5. If you are worried about your safety call the court and ask that extra security be assigned to the court room where you and the other parent will be appearing before the judge.

  6. On the date of the hearing the judge will hear from the person requesting the hearing first. Then the other person will get a chance to respond.

  7. The judge will also consider any documents that you bring which support your reasons for wanting to change the child support order.

  8. After the judge has listened to the testimony and considered the documents of both parents he or she will make a decision and record that decision in a court order.

  9. After the judge signs the order you must get a copy of the signed order.

  10. The judge will make sure that a member of the court staff transmits a copy of the new order to the probation department so they can be aware of any changes in the amount of child support that they are supposed to be collecting.

  11. You must still continue to pay child support even while you are waiting for your next hearing date.

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