What is a motion to modify child support?
A motion to modify child support is a legal request filed by one of the parents in a child support case to change the existing court order of child support. This motion is typically filed when the parent’s circumstances change, such as when the parent loses their job, or when the child’s needs change, such as when the child reaches adulthood. In the state of New Jersey, a motion to modify child support must be filed with the court that entered the original court order. The parent requesting the modification must submit a Complaint and Verification to the court, stating why they believe they should receive a modification. In their Complaint and Verification, the parent must provide evidence of their changed circumstances. The court then sets a hearing for the parent to present their motion to modify. The other parent involved in the case has the opportunity to provide rebuttal evidence and voice their opinion to the court. Once the court has heard both sides, they will make a decision on whether or not to modify the court order. If the court does decide to modify the court order, they will issue a new court order to reflect the modifications. It is important to note that the modified court order is legally binding and must be followed. If either parent does not comply with the new court order, they can be found in contempt.
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