Child support modification while waiting for plenary hearing
I’m considering filing a separate child support modification based on a substantial change in circumstances rather than trying to address child support as part of an upcoming plenary hearing that already involves several other disputed issues.
The non-custodial parent lost his job approximately 8 months ago and remains unemployed. Since then, I have been covering essentially all of our daughter’s expenses, including her day-to-day needs, school tuition, aftercare, extracurricular activities, and health, dental, and vision insurance.
Our existing order requires him to maintain medical insurance for our daughter and reimburse me for medical expenses I pay over $250. Since losing his employment and insurance coverage, I have taken over those expenses as well.
There are also questions regarding his request to receive a child-support credit for another child he says he had last year. As far as I am aware, no documentation establishing paternity or information concerning the other parent has been provided.
Another issue is financial disclosure. He has not provided his W-2, the complete separation/severance documentation from his previous employer, or what I believe to be a complete and accurate CIS. Those documents could obviously be relevant to determining his actual income, severance, unemployment benefits, assets, and ability to contribute.
Because our plenary hearing already involves multiple unrelated issues, I’m wondering whether it makes more sense to file a separate child support modification based on changed circumstances and have the financial issues addressed on their own.
For anyone familiar with New Jersey family court:
If the non-custodial parent has been unemployed for approximately 8 months, what typically happens with support? Is support temporarily reduced, suspended, or can income eventually be imputed if the court determines the parent has the ability to work?
If the parent requesting a reduction has not provided complete financial disclosures, how does the court usually handle that?
Has anyone had a child support modification proceed separately while other post-judgment issues or a plenary hearing were pending? Did the court keep the support application separate, consolidate everything, or address support first?
What can I ask the court to do in regard to getting documents?
I’m trying to determine the cleanest way to have child support reviewed without adding another complicated financial dispute to an already extensive plenary hearing.
This is in New Jersey.