Both parents have a responsibility to support their children financially. When parents separate, whether or not they were ever married, the Parent of Primary Residence is eligible to receive child support from the Parent of Alternate Residence.  In shared parenting situations where the parents have equal custody, there may still be a child support obligation if there is a disparity in the parents’ incomes.

The Amount of Child Support – The Child Support Guidelines

The amount of child support is normally calculated by using the New Jersey Child Support Guidelines, which consider a number of factors to include:

  1. The number of children and age of the children;
  2. The amount of each parent’s income;
  3. Whether one or both parents pay or receive alimony;
  4. Whether one or both parents pay mandatory retirement contributions;
  5. Whether one or both parents pay union dues;
  6. Whether one or both parents have other dependents from other relationships;
  7. The amount paid for work-related childcare;
  8. The amount paid for health insurance attributable to the child(ren);
  9. Whether the child(ren) receives government benefits; and
  10. The amount of overnights each parent has with the child(ren).

Modification of Child Support

Child support can be modified in New Jersey.  Child support may be reviewed every three years or based upon a substantial change in circumstances, such as a loss of employment, a substantial raise or pay cut for either parent, the temporary or permanent disability of a parent or  the child involved has new and different needs than were contemplated when the original amount was set.

Only the court can change a mandated child support payment, so any modification would have to be submitted to a judge. If both spouses agree on a change, it is usually a pretty simple process. When you don’t agree, the request should be submitted by your family law attorney for a hearing. The spouse who wants to make a change over the other’s objection has the burden to show what has changed and why a different amount (higher or lower) should be required. Temporary changes might be the result of a medical emergency, a change in employment status or a short-term economic hardship on the part of the receiving parent.

Termination of Child Support

Generally, the law in New Jersey requires a person paying child support to make those payments until any of these apply:

  1. The child is 18 years of age or older, out of high school and is not in college or a vocational program on a full-time basis;
  2. The child is working full-time and becomes self-supportive;
  3. The child enters active-duty military;
  4. The child gets married;
  5. The child has a child of his or her own;
  6. The parent’s parental rights are terminated through adoption or another legal process; or
  7.  The child dies.
  8. The child turns 23 years of age.

Consequences of Nonpayment

Failure to stay current on your child support obligation can result in the garnishment of your wages, interception of your tax refund, suspension of a professional license or driver’s license and even incarceration.  If you have lost your job or suffer a disability, you are still legally responsible for paying child support unless and until a court order is entered which modifies or terminates your child support.

I hope this information was helpful.  For additional questions, contact me at (856) 428-6600 or send me an email at dwittman@zwattorneys.com

Disclaimer 

The materials and information provided within this blog are designed to be of general interest in order to enable you to learn more about the services offered by Dean R. Wittman, Esquire.  The information contained within this blog is not intended to be legal advice and is not intended as a source of advertising or solicitation.  The materials and information are not privileged information and your use of the materials and information does not create an attorney-client relationship with Mr. Wittman or any of the attorneys from Zeller & Wieliczko, LLP.  This blog is not an offer to perform legal services.  You should not rely on the materials or information as legal advice and should consult with a competent attorney in your state for legal advice related to your own situation.  Prior results described within this blog do not suggest or guarantee that similar outcomes will be obtained with respect to future matters.  DO NOT send any information to Mr. Wittman or Zeller & Wieliczko, LLP, concerning potential legal representation without first speaking with Mr. Wittman and obtaining his authorization to do so.

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Dean Wittman
  Mr. Wittman practices in several areas of law, including personal injury, premises liability, auto negligence, civil rights and employment matters. He also handles divorces and other family law matters, to include child custody disputes, child support applications, domestic violence, pre-nuptial agreements, adoptions and alimony modification applications. To discuss your specific legal concern, you may get in touch with Mr. Wittman via email (dwittman@zwattorneys.com) or website (URL www.zwattorneys.com)