Family court orders are built on the facts at the time. When the facts change, a job loss, a move, a new schedule, a child's needs, the order can change too. The standard is higher than the first time around, and the paperwork matters.
Modifying custody and parenting time
In New Jersey, the parent asking to change custody or parenting time must show a substantial change in circumstances affecting the child's welfare since the last order, and that the change serves the child's best interests. Relocation out of state with a child requires the other parent's consent or a court order, decided under the best-interests standard.
Modifying child support
Child support can be modified on a showing of changed circumstances, such as a sustained change in either parent's income, a change in the parenting schedule, or a child's changed needs. Orders also receive cost-of-living adjustments every two years through Probation.
Modifying or ending alimony
Alimony can be modified or ended on changed circumstances: a significant and lasting drop in the payer's income, the recipient's cohabitation, or the payer's retirement. The statute spells out the factors for each, and the paperwork has to show the change is permanent, not temporary.
Enforcement
If the other side isn't following the order, modification isn't the answer; enforcement is. Contempt motions, wage garnishment and make-up parenting time are all available. We'll tell you which route fits.
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Call (973) 604-2991Request a case reviewCommon questions
How soon after an order can I ask to change it?
There's no waiting period for a true change in circumstances, but courts are skeptical of motions filed shortly after an order unless something significant happened. There's no fixed waiting period in New Jersey, but the change has to be substantial and continuing, not a temporary dip.
Can we just agree to change it between ourselves?
You can agree, but put it in writing and have the court enter it. Informal changes aren't enforceable and support arrears keep accruing under the old order.
What counts as a substantial change?
Job loss or a large change in income, relocation, a change in the child's needs or schooling, a parent's health, or a pattern of the other parent not following the order. One bad month usually isn't enough; a sustained change usually is.
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.