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Marital Settlement Agreements Child Support

Fox Rothschild LLP

Yes, Parties Can Agree to Waive the Change of Circumstances Standard

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Typically, in order to modify support or custody/parenting time provisions in an agreement or judgment/order, the party seeking a modification must show a substantial and continuing change of circumstances. Given the goal of...more

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I Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances

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Since the Child Support Guidelines were amended in the late 90s, the number of overnights with each parent factored in to the child support calculus for cases within the Guidelines. In general, the more overnights meant less...more

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Changes in Parenting Responsibilities Can Be a Change of Circumstances to Increase Alimony

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Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at financial changes of...more

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Appellate Division Reverses Court Imposed Cap on College Contributions

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When parties get divorced and there are children in high school or younger, they often reserve on what their financial contributions towards the children’s post-secondary educational expenses will look like. We often include...more

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THIS IS WHAT HAPPENS WHEN YOU ARE SELF-EMPLOYED AND PLAY GAMES WITH YOUR INCOME

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In a recent unpublished (non-precedential) Appellate Division decision, K.W. v. S.W., the Court addressed income, expenses and bad faith within the context of a child support calculation and ongoing custody issue post-divorce...more

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