New Jersey Child Support Lawyers
Child Support in New Jersey
New Jersey statutes and case law provide that both parents are responsible for the financial needs of their children.
At Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC, our team of New Jersey child support lawyers want to make you fully aware of the laws for child support in New Jersey. Below are answers to questions that our New Jersey child support lawyers are frequently asked.
Do the Child Support Guidelines apply to every case?
Although the Guidelines apply to all actions to establish and modify child support awards, extremely low (i.e. obligors with net income less than the U.S. Poverty Guideline) or high parental income situations may warrant a deviation.
For parents with a combined net annual income that exceeds $187,200, the court shall apply the Guidelines up to $187,200 and supplement the guidelines-based award with a discretionary amount based on the remaining family income, the children’s needs, and certain other statutory factors.
Learn more about high income child support in New Jersey
How is child support in New Jersey calculated?
Child support in New Jersey is calculated based on a fixed formula, known as the Child Support Guidelines. The premise of these Guidelines is that:
- Child support is a continuous duty of both parents
- Children are entitled to share in the current income of both parents
- Children should not be the economic victims of divorce or out-of-wedlock birth.
Most cases fall under the purview of the Child Support Guidelines and the Guidelines were designed to provide uniformity and fairness in child support awards throughout the State of New Jersey. Several factors are considered in the Guidelines, including the parties’ respective incomes, the costs of child care and health insurance expenses and the number of overnights each parent spends with the child.
How is child support in New Jersey calculated when parents share equal time with the child?
If the time spent with each parent is equal (50% of overnights each), then a “shared” Child Support Guideline will be used by the court. The court will consider both parties’ incomes in such a scenario. Barring a significant discrepancy in the parties’ incomes, the child support award, if any, would likely be small.
What expenses are covered by child support in New Jersey?
The New Jersey Child Support Guidelines support award includes the child’s share of expenses for housing, food, clothing, transportation, entertainment, unreimbursed health care up to and including $250 per child per year, and miscellaneous items. Miscellaneous items may include personal care products and services (e.g., hair, shaving, cosmetics), books and magazines, and school supplies.
Generally, however, expenses such as private school education, special celebrations, and college costs are not included in a child support award.
How long must child support in New Jersey be paid?
Child support is paid until a child is deemed emancipated by either a court or pursuant to a marital settlement agreement.
Prior to February 1, 2017, child support payments did not end automatically at 18, or at any other age, unless an age was specified in a court order or marital settlement agreement. If no age was specified, the obligor was required to file an application in court to end the payments.
As of February 1, 2017, the statutory age for termination of child support in New Jersey is 19. Once a child turns 18 and/or becomes financially independent, a parent may file an application with the court requesting that the child be emancipated. Based on the facts, the court will decide if the child still needs support from the parents. If there is no court order specifying a date, age or circumstance when support stops, child support may terminate automatically when the child turns 19. A custodial parent may request that support continue if he or she can prove that the child is still in high school, enrolled full-time in post-secondary education or physically or mentally disabled.
Can child support be modified?
Yes. Child support can be modified upward or downward based on “changed circumstances.” New Jersey case law requires that the change in circumstance be permanent, substantial and unanticipated. Examples of “changed circumstances” include job loss, permanent disability/illness of a party or a child, decreased or increased parenting time by the non-custodial parent, and change in income. In addition, if a child’s needs have changed, a parent may seek to modify an existing child support award.
What if a parent doesn’t pay the ordered or agreed upon child support amount?
Child support can be enforced by the payee spouse by making an application to the Court. In addition, if child support is payable through the court, Probation will take steps to enforce the order. This may include wage garnishment, garnishment of a tax refund or lottery winnings, and reporting the delinquency to a credit reporting agency. Probation can also execute on the non-custodial parent’s property such as bank accounts, insurance proceeds, cars, boats, or real estate.
Contact Our Experienced New Jersey Child Support Lawyers
If you have questions about child support in New Jersey, you may need the guidance of experienced family law attorneys. At Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC, our team of New Jersey child support lawyers are experienced, dedicated, and committed to help those going through very difficult times. Contact us today for a legal consultation with our New Jersey Child Support Lawyers.