In New Jersey, parents are legally obligated to support their minor-age children financially. After a couple gets divorced, child support is paid by one parent to the other parent for the economic benefit of their child or children.
Generally, people who seek the help of a child support lawyer fall into the following categories:
- They have been served with a child support claim
- They wish to modify existing child support due to changes since the initial support was established (for example, when there is a significant change in financial circumstances)
- The other parent has failed to pay for child support that has been mandated by the court.
- They wish to terminate their child support because their child has been emancipated
- Parents who want to understand their legal rights and obligations to make more informed decisions
The income shares model and the New Jersey Child Support Guidelines are typically used when evaluating the factors that will contribute to the amount of child support. However, New Jersey family courts can deviate from these support guidelines when there are special circumstances that should be considered when calculating child support. An attorney will ensure that your concerns regarding these guidelines are heard.
Child support is a crucial and often complex aspect of family law. When it comes to navigating the legal matters surrounding child support in New Jersey, finding the right lawyer is essential. The experienced and dedicated New Jersey child support attorneys at Rosenblum Law will protect your rights and the best interests of your child or children as you seek child support.
How is Child Support Calculated in New Jersey?
In New Jersey, the income shares model uses the income of both parents to calculate the estimated monthly cost of raising the child. The New Jersey Child Support Guidelines also take into account a number of factors when deciding on child support, such as:
- Each parent’s income
- Whether one of the parties is paying or receiving alimony
- Whether a parent has a child from another relationship
- The cost of work-related child care
- The total number of children
- Amount of time the children spend with each parent
- Amount each parent pays for the children’s health insurance
- The parents’ tax filing status
In situations where a family court decides to deviate from the guidelines, a New Jersey judge will consider the following factors:
- The specific needs of the child, or children
- The lifestyles of each parent
- The standard of living the child has become accustomed to
- All sources of income of the parents, including assets that are non-income producing
- All sources of debts and liabilities for the parents and the child
- The parents’ respective earning capacities, educational histories, skills, and work experience
- The roles that the parents have played in the child’s life
- The need and ability of the child to attend college and other post-graduate pursuits
- Age, health status, and assets of the parents and children
What To Do When Served with a Child Support Claim for the First Time from Your Co-Parent
If you are served with a child support claim for the first time from your co-parent, it is important not to act irrationally and emotionally. Remain calm and review the claim thoroughly. Next, you should contact an experienced child support lawyer in New Jersey to discuss your legal options and a path forward.
Can Child Support Agreements Be Modified?
It is possible to modify a child support agreement. However, there must be sufficient grounds to request child support modification from a New Jersey family court.
Child support can be modified if a party can prove that circumstances have changed, such as:
- A child’s needs increased due to a medical problem or an educational need
- The income of one or both parents changes significantly
- If one parent relocates, which could affect living expenses or transportation costs
An attorney can help a parent create the best legal strategy for pursuing a child support modification. For example, if a parent can no longer afford their current child support payments, an attorney will help them modify the payment to match their financial situation. An attorney can also help a parent estimate the cost of a new child support order. A formal request to modify child support requires the parent seeking the adjustment to complete this Case Information Statement. This statement accounts for the parent’s income, expenses, assets, liabilities, and so forth.
What Happens if a Parent Does Not Pay Child Support?
Legal proceedings may be initiated by the parent who is owed child support by the non-paying, or delinquent, parent. Unpaid child support is identified as a kind of debt known as arrears. When a parent doesn’t pay child support in New Jersey, the child support program of New Jersey may use various enforcement tools, such as income withholding or the seizure of assets. In addition, legal proceedings may be filed by the New Jersey Division of Child Support on behalf of the parent owed child support.
If a parent continues to not pay child support, it can result in a New Jersey court finding the delinquent parent in contempt of court, meaning the parent was found disobedient of an order of a court. Once a contempt order is entered, a judge can impose civil and/or criminal penalties.
An attorney can help a parent who is owed child support from the other parent. By going through each legal option and advocating for the financial rights of the parent’s child or children, an attorney will be able to ensure a parent receives adequate child support.
How Can a Child Support Lawyer Help?
Navigating child support matters can be complex and overwhelming, especially if there are disagreements or disputes between the parents. An experienced child support lawyer will have a deep understanding of New Jersey’s child support laws and can provide invaluable guidance throughout the process.
A skilled lawyer will ensure that one’s rights are protected and that the best interests of the child are prioritized. The lawyer will help gather the necessary documentation, calculate child support obligations, and present a strong case in court if needed. Additionally, the lawyer can negotiate on behalf of their client to reach a fair and reasonable agreement outside of court, saving time, money, and unnecessary stress.
How to Choose the Right Child Support Lawyer
Choosing the right lawyer is crucial to ensuring a smooth and successful process. With so many lawyers to choose from, it’s important to consider a few key factors. Look for a lawyer who:
- Specializes in family law specifically. Child support laws can be complex and change periodically, so retaining a lawyer who focuses on this area of law will ensure they are up-to-date on the latest regulations and legal strategies.
- Has successfully handled similar child support cases.
- Understands their client’s needs and priorities. They should listen to their client’s concerns, communicate clearly, and be responsive to questions and requests.
- Will communicate effectively throughout the process and be transparent about their fees and billing practices.
FAQs
Pursuant to New Jersey law, the NJ child support guidelines must normally be used by family courts to create and adjust child support orders. In other words, a child support award based on the guidelines will be presumed correct, unless the court finds that the evidence supports deviating from them.
Generally, yes. Among other things, the court will consider the child’s age and health, along with the lifestyle of their respective parents. For example, a family court may award a higher amount of child support if a child has an expensive medical condition.
There are different ways to collect child support pursuant to a court order. For example, a New Jersey court may garnish a delinquent parent’s wages, liquidate their assets, order community service until the child support is paid, or even place the delinquent parent in jail.
Child support obligations generally last until a minor reaches the age of majority, which is generally age 18. However, child support obligations can be extended for a longer period if a child has special needs.
It is also important to note that, if a child decides to get emancipated, that can impact the duration of child support obligations. In fact, once a child is emancipated, a parent can seek to terminate their child support obligations because the emancipated child would be considered legally self-sufficient.
Yes, child support obligations are enforced across state lines under the Uniform Interstate Family Support Act.
Yes. However, it is advisable to use a more formal method. For example, payments can be made via the New Jersey Child Support Program.
Child support payments are generally not considered to be taxable income or tax deductible.
New Jersey’s Child Support Program can help. It offers tools that can be utilized to locate a non-custodial parent who is not fulfilling their child support obligations. For example, if the non-custodial parent is in another state, the New Jersey Child Support Program can access other state and national databases to help find the parent.
Schedule Your Free Consultation with a Rosenblum Child Support Attorney Today
By choosing an attorney from Rosenblum Law, you can be confident that you are hiring an attorney who will listen to your interests and advocate for the needs of your child or children. Our experienced family law attorneys are here to help guide you through each step of the process of seeking child support from an ex-spouse. No matter how simple or complicated your case, our team of seasoned and knowledgeable child support attorneys will examine every detail to achieve the desired outcome.
If you have questions about child support issues in New Jersey or would like to move forward in seeking child support, contact Rosenblum Law to schedule a no-cost, confidential consultation.