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Westwood, NJ asked in Child Support, Child Custody and Family Law for New Jersey

Q: Cost of lawyer for child support increase in NJ with changed custody circumstance

I'm located in Hudson County and I'm seeking to increase my child support as my circumstances have changed. Since July 2024, I've become the primary custodial parent with 293 days, while the other parent has 72 overnights a year. Our support arrangement hasn't changed to reflect this, and I currently receive $124 per month for two children. I initially filed for a modification on my own, but the process didn't go through due to a missing document. I am considering hiring a lawyer to handle this. What should I expect in terms of legal fees for this process?

3 Lawyer Answers

A: Typically, attorney fees in this area charge an hourly rate for preparing the document submission and attending court to represent you. An experienced family law attorney will know the ins and outs of filings, and the specific document which are required for your filing. In some cases, even if you have a change in circumstances, if you procedurally have not provided the appropriate documents, your case can be dismissed. An attorney can also be prepared for any opposition or cross-application which the other parent may file, and argue on your behalf at the court hearing.

A: If I understand your question correctly, your former partner and you have 2 children together and he/she pays you 28.61 cents per week for support of both children currently and the overnight plan has changed where you now have 80% of the overnights. To file the application, there are specific procedural requirements; all of which are set forth in the court rules for filing purposes. If you cant afford the cost of the retention of a family law specialist to handle the application, then you should pay a family law attorney a consultation fee to have him walk you through the documents required for the filing and the procedures that need to be followed.

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Answered

A: In New Jersey, child support modification cases can vary in cost depending on how complex the case becomes and how much conflict there is between parents. For a straightforward modification based on a clear change in custody, some attorneys may charge a flat fee ranging from $1,500 to $3,500. If the case becomes contested, fees are more likely billed hourly, often between $250 and $450 per hour, and total costs can rise depending on the number of hearings and filings required.

Since you already have a significant change in circumstances—being the primary custodial parent with nearly 300 overnights—the law is on your side for a modification. A lawyer would prepare and file the necessary paperwork, make sure your missing document issue is resolved, and represent you at the hearing. This can reduce delays and ensure that the court has all the financial and custody information needed to issue a new order.

If cost is a concern, you may also want to ask about limited-scope representation, where a lawyer helps prepare your filings but doesn’t attend every hearing, which can save money. You could also explore whether Hudson County offers family court self-help resources to assist with the modification process. Either way, given the large difference in custody time, it is very likely the support order will increase once the court reviews your updated circumstances.

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