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What to do when you cannot afford to pay your child support amount?


What to do when you cannot afford to pay your child support amount?

The New Jersey Courts take child support obligations very seriously and are very clear that in order to lower your child support payment, you must show a change of circumstances.  Changed circumstances are defined in Lepis v. Lepis, 83 N.J. 139 (1980). At the onset of  changed circumstances, an obligor can make a motion or application to the court to reduce his or her child support obligation. Examples of changed circumstances include but are not limited to the cost of living, increase/decrease of obligor’s income, or that the obligor became sick or disabled. It should be noted that temporary unemployment is not sufficient for a change of circumstances showing and the courts generally consider unemployment in itself a temporary event. Since the burden of proof rests on the party making the motion or application, that party would have to prove  to the court that they are unable to find any employment and are not voluntarily staying unemployed. 

For more information  please contact our office at 201-880-5563 or visit us at www.ruizdoolanlaw.com for a consultation.
Disclaimer: The contents of this website are of general nature and not intended to be a substitute for legal advice or the formation of a lawyer-client relationship. In order to be properly represented, please contact your local professional. In addition, the information given on this web site has been composed by a New Jersey attorney practicing exclusively in New Jersey. None of the information contained herein should be deemed to apply in other states, nor should this website be construed as an attempt by the author to practice law in any state other than New Jersey. If you have any question regarding this website please contact our office directly at (201) 880-5563.

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