Child support is one of the most pressing matters divorcing parents must address when agreeing to the terms of their dissolution of marriage. How is child support calculated? Which parent will have to pay? Does getting married affect child support? When does child support end in New Jersey? Whether you’re the parent paying or receiving child support, these and other questions can cause stress and anxiety.
A New Jersey child support lawyer from Joseph J. Russell Divorce & Family Law Attorney of Wilentz, Goldman & Spitzer, P.A., can help you understand your legal rights and options and will advocate for you during child support negotiations. Further, as a part of Wilentz, Goldman & Spitzer, P.A. — one of the Garden State’s law firms — we have the necessary resources for your case.
Contact us today to set up a consultation to discuss your child support concerns.
Why You Need a New Jersey Child Support Lawyer
Hiring a New Jersey child support attorney is important to ensure both parents fulfill their financial responsibilities to their children. When dealing with child support, it’s easy to feel overwhelmed by the paperwork, calculations, and court procedures involved. An experienced lawyer helps by guiding you through the process, ensuring your rights and your child’s best interests remain the priority.
Whether you’re the parent seeking support or the one expected to pay, a lawyer can review your situation and work toward an outcome that reflects your circumstances. They can assist with calculating fair payments, negotiating with the other parent, and ensuring the child support order complies with New Jersey child support laws. Additionally, having a lawyer on your side can help you avoid common mistakes that could cost you time or money down the line. Ultimately, their support can make a critical difference in reaching a fair agreement.
Who Is Responsible for Child Support in New Jersey?
In New Jersey, both parents are legally obligated to provide financial support for their child. Typically, the parent with physical custody will receive child support from the non-custodial parent to help cover the child’s expenses. However, the specific amount and who pays depends on factors such as each parent’s income and the child’s needs.
The state uses these guidelines to make sure the child receives adequate financial care, regardless of the parents’ relationship status. Both parents are expected to contribute to their child’s well-being in a fair manner.
How Is Child Support Determined and Calculated in New Jersey?
When it comes to how child support is determined in New Jersey, the New Jersey child support formula takes several factors into account. The primary elements include the following:
- Both parents’ incomes
- The amount of time each parent spends with the child
- Any other financial obligations the parents might have
The state uses these factors to calculate a fair child support amount that meets the child’s needs. The calculation often includes additional costs, such as health insurance, medical expenses, and childcare. The goal is to create a financial arrangement that supports the child’s well-being while taking into account both parents’ finances.
So, how much is child support in New Jersey? There is no definitive answer, as it all depends on the unique circumstances of each child and their parents. The New Jersey child support percentage per child is determined based on the parents’ combined income, how many children require financial support, and other factors. A parent paying child support for multiple children will face a larger financial obligation, although the average amount per child may be lower than if they were only supporting one child.
What Additional Evidence Could Be Considered in Child Support Calculations?
In some cases, the court may consider additional evidence when calculating child support. This can include the child’s unique needs, extracurricular activities, or education-related costs. The court might also review any substantial changes in either parent’s financial situation, such as a job loss or a significant increase in income. These factors can influence the final child support amount and help give the child the necessary financial support to cover all relevant expenses beyond their basic needs.
Understanding the New Jersey Child Support Statute
Multiple New Jersey laws address matters related to child support. One law covers the factors the court will take into account during child support calculations, as well as the obligation to provide financial support to a child with a physical or mental disability. Another defines terms relevant to the discussion of child support.
Working with an experienced child support lawyer in New Jersey will help you avoid having to understand these and other laws, which can be confusing and complex, in their entirety.
Will I Have a Child Support Obligation if My Ex and I Share Equal Parenting Time?
You may still have a child support obligation if you and your ex share equal parenting time. In New Jersey, the court typically requires the higher-earning parent to provide support to help maintain the child’s standard of living in both households. Even with equal parenting time, one parent might need to contribute financially to ensure the child’s needs are consistently met. The arrangement aims to create a stable environment for the child, regardless of the parents’ living situations.
Does Child Support Change as My Child Gets Older?
As children grow older, their needs can change, which may lead to adjustments in child support. The court may modify support based on factors like increased educational costs, health care needs, or extracurricular expenses as the child matures.
However, this does not happen automatically. A parent must request a change in the support amount if their child’s circumstances evolve or if their financial situation shifts. This flexibility ensures that the support arrangement continues to meet the child’s changing needs.
When Does Child Support End in New Jersey?
Under New Jersey law, child support typically ends when the child reaches the age of 19, unless the child has special needs or other circumstances warrant continued support. For example, if the child is enrolled full time in a postsecondary educational program, child support may continue until they turn 23. Situations that can lead to the termination of child support include if the child marries, enters the military, or dies.
The court can adjust the support amount based on the child’s changing needs or parental financial situations. Parents should remain aware of these changes and be prepared to request modifications when necessary. By working with a family law attorney, you can be apprised of new child support laws in New Jersey and how they could affect your situation.
When Can Child Support Be Adjusted?
Child support in New Jersey can change when circumstances shift for either parent or the child. Some of the situations in which the court might approve modifications include the following:
- A significant change in either parent’s income, such as job loss or a promotion
- Changes in the child’s needs, including increased educational or medical expenses
- A change in custody arrangements or parenting time
- The child’s age or development, which may result in different financial needs
- Any other substantial life events, such as remarriage or relocation
Parents should understand that they can request a review of their child support agreement to appropriately reflect these changes.
Does Getting Married Affect Child Support?
In New Jersey, getting married can affect child support obligations. If a parent remarries, the new spouse’s income does not directly impact the existing child support obligation.
However, the court may consider changes in the financial situation when reviewing support arrangements. For instance, if the remarriage significantly improves a parent’s financial circumstances, the court may adjust the support amount. Parents have a responsibility to communicate any changes in their situation, as these can lead to a reevaluation of child support obligations.
What Can You Do if One Parent Fails to Follow the Child Support Order?
If one parent fails to follow the child support order, the other parent has several options to address the issue with their New Jersey child support attorney. These options include:
- Review the Support Order – Start by reviewing the court-ordered child support details to ensure you understand the obligations.
- Document Non-Payment – Keep a detailed record of missed payments, including dates and amounts, to provide evidence of non-compliance.
- Contact the Non-Paying Parent – Reach out to the other parent to discuss the missed payments and see if there is a reason for the delay. Sometimes, communication can resolve the issue.
- File a Motion – If the problem persists, file a motion with the court requesting enforcement of the child support order. Include your documentation of missed payments.
- Attend the Hearing – The court will schedule a hearing where both parents can present their cases. Be prepared to provide evidence.
- Receive the Court’s Decision – The court will decide on the necessary actions, which may include wage garnishment or other enforcement measures to secure payment.
