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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.


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