Can Child Support Be Awarded to the Non-Custodial Parent

[Novice]

My question involves child support in the State of: NJ

I have shared custody of my child and I am seeking a modification of my child support obligation. I have approximately 33% parenting time with my child.

I am seeking modification as a result of changed circumstances from the time of the original order, including CP's sale of the home, and CP's employment change and significantly increased income.

My understanding of the NJ child support guidelines is that when combined incomes are above the threshold of $187,200, as in our situation, the Court is to apply the guidelines up to $187,200 and then apply discretionary modifications.

At the time of the initial order, CP and my respective incomes were relatively equal, with CP's income slightly higher than mine. Since the initial order, CP's income has increased at a higher rate than mine, and is now roughly 25% higher than mine.

CP is also now co-habiting with a fiance, under which the NJ support guidelines appear to recognize as a condition that reduces per-person household expense.

In filing for a downward modification of my support obligation, should I also assume/request that I be awarded with support from the CP? If I can in fact be awarded support, do I need to ask for it specifically, or will the Court make a modification reflecting the total current financial circumstances of both parents?

[Mr. Knowitall]

If you are entitled to child support under the guidelines, that's what the guidelines provide. Obviously I can't run the numbers, as I don't have them.

[Dogmatique]

I would really appreciate an update from the OP in this situation.

[Novice]

Unfortunately, I do not have all of the numbers to run either, as CP is refusing to provide an updated Case Information Statement or documentation, in an attempt to avoid a modification.

My filing will attempt to demonstrate prima facie using the HUD settlement from the sale of the home and CP's published resume, and e-mails to me which shows employment change to a senior position. Additionally, I've pulled industry salary surveys to show average compensation/bonus for individuals with CP's job title and similar experience in the industry and area.

It also appears that NJ has updated the support guidelines as of June 2011, with some additional detail that indicate that a PAR can indeed be granted support from the PPR, in the event that the financials warrant it.

I just wasn't certain how to request it, because I am asking the Court for both a downward modification in my obligation plus an establishment of support from the CP.