You are the parent receiving 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 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 a list of courthouse addresses where you go to file application to modify child support order, click on "New Jersey Child Support" (link below).
- Ask to speak to the domestic violence team leader or other staff member in the Domestic Violence Unit of the Family Part.
- Ask for the form(s) used to request that the court change a restraining order. If you are incarcerated and cannot physically get to the courthouse, you are permitted to use the form called "How to Ask the Court to Change or Enforce an Order in Your Case" (link below). However, all other persons must use the shorter form(s) provided at the courthouse. 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:
- You have a new job and are making less money than you were when the child support was last ordered.
- Since the date of the last order you were fired or “laid off” from your job.
- Since the date of the 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).
- The child’s other parent is making more money than he or she was making when the child support was last ordered.
- It has been two years of more since child support was ordered in your case and the court has not contacted you about the automatic cost of living increase that you are entitled to receive every two years.
- You need help with payment of extra medical expenses for your children (not covered by insurance).
- You need to ask the other parent to cover the children under his or her medical insurance because you no longer have medical insurance, or the parent paying support now has available insurance.
- You need help with payment of college expenses.
- The parent paying support gets credit for visitation with the children and he or she is not visiting with the children.
- 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
- Make a copy of your papers and file them with the clerk at the family intake office.
- Be sure that you get a copy back.
- 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.
- A few weeks later, you and the other parent will receive a notice of a hearing and a date and time to appear at the courthouse.
- 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.
- 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.
- The judge will also consider any documents that you bring which support your reasons for wanting to change the child support order.
- 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.
- After the judge signs the order you must get a copy of the signed order.
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.