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?