Q: Can a NJ child support hearing set a monthly CS amount based on an income one no longer makes?

A: It can happen under certain circumstances. Income can always be imputed to someone. Either parent may file a motion with the court to increase or reduce child support payments. The parent bringing the motion must be able to prove to the court that he or she has experienced changed circumstances (NJSA 2A:34-23, NJSA 5:6A). If the court determines the circumstances warrant a modification to support obligations, the New Jersey Child Support Guidelines will be used to calculate the new payment. A variety of circumstances can rise to the level of justifying a modification. Each case will be evaluated by the court individually and the party bringing the motion will need to show the court that a substantial change has taken place, the change is permanent and unexpected. Namely, the change cannot be something temporary and the parent must not have anticipated or purposefully caused the change to occur. Some examples of a major change in circumstances may include: Job loss; Gaining a higher paying job; Changes to parenting time (increase or decrease); Major health issues of the parent; Major health issues of the child; Permanent disability of the parent; Change in expenses necessary to raise the child; Additional children the parent needs to support In addition to the NJ Child Support Guidelines, the court will look at the same factors that were considered in the original child support order when modifying support obligations. Some of these factors may include each parent’s earning ability, debts and assets, health and medical expenses, standard of living, medical and educational expenses of the child and any other expenses related to the needs of the child. The court may increase or reduce child support obligations based on the guidelines and consideration of all of the factors and circumstances that may be affecting the parents and the child.