Can child support be modified if you take a paycut?

UPDATED: Sep 20, 2012

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Can child support be modified if you take a paycut?

I recently married a man who pays alimony and child support to his ex-wife. We live in one state and wish to soon move to another, unfortunately, he will take a large paycut if we do. Can his alimony and /or child support payments be reduced or modified in any way if we move? His ex will remain here with the kids; she has full legal and residential custody of them. She does not work. I have a decent job and decent salary. I can work at home. Will my salary effect his alimony or child support payments in any way? His ex has no idea we are married. His kids do not know. We don’t want them to find out. In our present state child support has no end date; his divorce decree states age 24. Can we modify that if we move?

Asked on September 20, 2012 under Family Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country child support obligations are premised upon established county guidelines where the minor child or children are located based upon the net monthly disposable income of both parents.

If one parent's income declines, then the court possibly can raise or decrease the monthly child support obligation of a given parent depending upon what the net monthly income is for both parents.

If you move from where you are located and your income decreases on a monthly basis, you have the right to file a petition to modify the existing child support order in effect. I suggest that you consult with a family law attorney about your matter further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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