Legal Question in Family Law in New Jersey

Modification of order

On March 11th a court order was issued in favor of my two year old son for child support; on March 14th and numerous times after the Non-custodial parent contacted me and advised me that he would not pay the support for the rest of his life and that he would fight me on this issue. The father was advised by the judge to get a full time job and to attend school part time since he is currently a full time student at the College of New Jersey and was working part time. On 4/7 the father contacted me again to advise me that he would get fired in two days and that he had engaged in an argument with his Manager. That lead me to believe that the father was intentionally trying to get fired because it's not normal to know when you are being fired nor to engage in a shouting match with your boss. On 4/12 the father applied for modification of the court order stating he had been downsized. The father's former employer currently has several job opening's posted on the web so he is being untruthful about something. He is asking that the child support be decreased and that the court allow him to attend school full time and wants the decision to last long enough for him to do so. Any advice is helpful.


Asked on 4/21/04, 1:50 pm

1 Answer from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: Modification of order

It is his burden to prove that he has suffered a substantial change in circumstances warranting modification of support. If you can show the Court that his company did not downsize, still has positions available similar to his, and present the information regarding what he told you, the Court should not grant him a reduction. Also, generally, loss of employment is considered a temporary change in circumstances and does not warrant reduction in support. I suggest you consult with an attorney and seek representation in Court. If you would like to schedule a consultation with an attorney in my office, please contact my secretary Debbie at 856-795-6700 to schedule a consultation.

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Answered on 4/21/04, 3:35 pm


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