Law Lessons from LISA MICCINILLI (f/n/a COLLINS) V. ROBERT COLLINS, App. Div., A-2266-08T2, March 5, 2010:

Orders setting child support, even those arising from a private agreement, “may be revised and altered by the court from time to time as circumstances may require.” N.J.S.A. 2A:34-23; see also Lepis v. Lepis, 83 N.J. 139, 146 (1980)(stating that alimony and support obligations “are always subject to review and modification on a showing of ‘changed circumstances’”). “If circumstances have changed in such a way that [the support provision] would no longer be equitable and fair, the court [ ] remains free to alter the prior arrangement.” Lepis, supra, 83 N.J. at 161 n.12. The burden of proving this change in circumstances rests with the moving party, Zazzo v. Zazzo, 245 N.J. Super. 124, 132 (App. Div. 1990), certif. denied, 126 N.J. 321 (1991), and the trial judge’s guiding principle remains the “best interests of the children.” Lepis, supra, 83 N.J. at 157 (quoting Hallberg v. Hallberg, 113 N.J. Super. 205, 209 (App. Div. 1971)).

The standard for modification of a negotiated child support agreement has long been that of “changed circumstances.” Smith, supra, 72 N.J. at 360; Clayton v. Muth, 144 N.J. Super. 491 (Ch. Div. 1976).

However, settlement agreements must be afforded special deference. “Settlement agreements in matrimonial matters, being essentially consensual and voluntary in character, . . . [are] entitled to considerable weight with respect to their validity and enforceability in equity, provided they are fair and just.” Dolce v. Dolce, 383 N.J. Super. 11, 20 (App. Div. 2006). Where the parties have agreed to provide for a child beyond what is legally required, courts must “giv[e] due weight to the strong public policy favoring stability of [consensual] arrangements[,]” Smith v. Smith, 72 N.J. 350, 360 (1977), before freeing a parent from his or her contractual obligations. Such agreements will be reformed only upon a showing of “unconscionability, fraud, or overreaching in the negotiations of the settlement[.]” Miller v. Miller, 160 N.J. 408, 419 (1999).

In contrast, see: The court can set aside the amount of the child support payments provided in a settlement agreement if they are unjust, oppressive and inequitable, and instead imposed child support payments in accordance with the Child Support Guidelines.

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

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