“Why won’t they throw him in jail?  He is $10,000 in arrears in child support!”  This is a sentiment many matrimonial practitioners frequently hear from their clients. Often times clients think that courts automatically throw an obligor spouse in jail for the non-payment of support.  While not uncommon in other states, in truth, the use

While state courts in matrimonial actions are often asked by an ex-spouse to modify an existing child support obligation under Lepis v. Lepis, 83 N.J. 139 (1980), based on the existence of "changed circumstances" and an inability to pay the ordered support, it is not often that a decision so thoroughly recaps situations in which courts have previously found such changed circumstances.  The Appellate Division recently accomplished detailed same in Ferraro v. Ferraro, wherein the facts of the case themselves are noteworthy unto themselves and detailed below.

Continue Reading Appellate Division Provides Primer on "Changed Circumstances" in Denying Motion to Reduce Support Based on Spouse's Ability to Pay