Question: In New Jersey, if both parties agree to the income to be used for child support purposes, can we just walk into the court house and get a consent order signed to modify child support?
Or do we have to file a motion to do so?
Answer: First let me preface my answer by stating that I am not licensed in New Jersey, so you may want to seek the opinion of an attorney who is licensed to practice in the state, they will have a better knowledge of the rules of civil procedure.
Essentially, you are asking a question about the procedure to modify child support when both parties are in agreement. Most Courts allow the parties to file agreements on such issues and the Court will in turn sign the agreements as an order of the Court. In my jurisdiction, the parties can simply file the agreed order with the Court and the Court will usually sign the Order without any further requirements. In other states, a Court will not enter an order, even an agreed order, unless it is accompanied by a motion asking for the relief sought.
You will need to check on the procedural requirements of New Jersey, either by contacting your local clerk of the Court or an attorney.
Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.