What Is The Best Way To Request A Custody Or Support Modification?

alimony spousal supportQuestion:

What is the best way to request a modification to custody and child support due to a change in income and the amount of time I’m given with my son changing since mediation?

Answer: 

While I am not licensed to practice law in your state, I can give some general guidance on this issue.

In the jurisdictions I am licensed in, you must be able to present a substantial change in circumstances to the court since the entry of the last court order in order to modify parenting time and/or child support. If the time with your son has already changed, that may be a substantial change in circumstances to modify your custody and parenting time order.

Additionally, this change in parenting time, especially if it includes additional overnight parenting time, may help modify your child support.

New Jersey Divorce Attorney Michelle Ferreri
New Jersey Divorce Attorney Michelle Ferreri

With regard to your child support being modified due to a reduction in income, in general, you must show the court why your income has been reduced and that this reduction is not by any fault of your own.

For example, if you were laid off from a job, and the first job you were able to obtain after that lay off, in the same area of work, is offering you less money. This may be considered a substantial change in circumstances to warrant a modification of your child support based on your reduction in income. In general, the court wants to know why your income was reduced and what you have done to try to find work earning what you were previously earning.

I would suggest that you meet with an attorney licensed in your state to give you a more in depth understanding of how the parenting time may change your child support and what circumstances warrant a modification in child support based on a reduction in income.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey divorce lawyer Michelle L. Ferreri, contact Cordell & Cordell.

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