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can I file for CS mod?

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J

justaguy1

Junior Member
New Jersey - My ex filed for CS enforcement - which was granted. An order was issued in Nov of 11 that says I am ordered to pay $xx a week (same amount as before). My question is, can I now file for a child support modification or do I need a change of circumstance from Nov? The original order was 10 years old and the amount was not changed.
 
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P

Proserpina

Senior Member
justaguy1 said:
New Jersey - My ex filed for CS enforcement - which was granted. An order was issued in Nov of 11 that says I am ordered to pay $xx a week (same amount as before). My question is, can I now file for a child support modification or do I need a change of circumstance from Nov? The original order was 10 years old and the amount was not changed.
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The new order is from Nov of last year?

Yes, you need a change of circumstance.

(Why are you wanting to modify? Do you want to pay more?)
 
J

justaguy1

Junior Member
the original order was based on a verbal agreement, not guidelines, and I have not made that much money in quite some time. I realize it would be difficult to get the amount lowered, but worth a shot. I had thought I could argue these points at the hearing, and did not realize the judge would only hear my ex's arguments for enforcement since she filed.
 
P

Proserpina

Senior Member
justaguy1 said:
the original order was based on a verbal agreement, not guidelines, and I have not made that much money in quite some time. I realize it would be difficult to get the amount lowered, but worth a shot. I had thought I could argue these points at the hearing, and did not realize the judge would only hear my ex's arguments for enforcement since she filed.
Click to expand...


Well, you're outside of the appeal timeline and nothing has changed since the order was made.

How far outside of guideline support is the order? Are we talking triple? 5%?
 
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