Do mothers pay child support in New Jersey? The answer to this question is “yes.” While men often believe that as fathers they will automatically be expected to pay, this is not true. Men can get child support from the mothers of their children. The law does not consider parents’ genders in support determinations.
Who pays child support in New Jersey is based upon factors that include parental incomes and custody arrangements. Either parent may pay child support to the other. It depends on the specific circumstances of each case.
But as divorce lawyers we have seen situations where men feel that the mothers of their children are favored in support determinations. In some cases, the influence of past societal norms may unconsciously contribute to decisions. If you are a man who believes that a decision in your case was made unfairly, you should speak with an attorney to learn what legal options you may have.
HOW WHO PAYS CHILD SUPPORT IS DETERMINED IN NEW JERSEY
When parents live together, they are both responsible for supporting their children. In divorce, even though parents no longer share the same household, the financial obligation to their children is still shared. Even if parents were never married and never lived together, they are still both obligated to financially support their children, assuming the father’s paternity has been established. So how is who pays support determined?
To understand which parent pays involves an explanation of child custody arrangements. There are two types of custody arrangements: legal custody, which authorizes parents to make important decisions for the child, and residential, or physical custody, which determines who the child lives with.
Physical Custody and Child Support
In physical custody arrangements in New Jersey, the child often lives with one parent more than the other parent. The parent the child spends more time with is known as the custodial parent. The other parent with whom the child has less time is the non-custodial parent. Typically, in these situations, the non-custodial parent pays child support to the custodial parent to help cover daily expenses and other costs of raising a child. It is generally assumed that the parent with primary custody is already sufficiently financially supporting their child. Either the father or the mother can be named the custodial parent and receive child support.
Sometimes parents share 50/50 residential custody, or as close to it as possible. In these cases, the parent with the higher income may be expected to pay child support to the lower-income parent.
There are also situations in which one parent is awarded sole legal and physical custody. The other parent may have visitation rights. Or sometimes, in rare cases, such as if domestic violence has been an issue, a parent may have no visitation rights at all. Even when a parent has no visitation rights, they can still be required to pay child support. This goes for mothers as well as fathers.
If you are a father in the following situations, you may be able to get child support from the mother:
- You are the custodial parent
- You share equal physical custody of your child and have a significantly lower income than the mother
- You have sole custody and the mother has visitation rights or no rights to see the child at all.
Every case is very different and has its own intricacies and nuances. Your attorney can examine the facts of your circumstances and counsel you in navigating the issues and steps in seeking support.
HOW CAN I GET CHILD SUPPORT FROM THE MOTHER?
To get child support from the mother, you can try to negotiate it in your divorce settlement with the help of your attorney and potentially a mediator. If successful in negotiating support between yourselves, you will then provide the agreement to the court for approval, which makes it enforceable.
Sometimes negotiating an agreement isn’t possible if there is too much antagonism between parties. If this is the case, you can ask the court to order support from the mother and decide the amount. The court uses New Jersey Child Support Guidelines as a starting point for its decisions. Judges can also deviate from the guidelines if they believe it is necessary for the particular situation.
WHAT IF THERE IS AN AGREEMENT BUT THE MOTHER ISN’T PAYING?
If you already have a child support order in place, but the mother of your child isn’t paying, you can take steps to have the order enforced. If support is paid through the state’s Probation Division, you can approach that agency for enforcement help. You can also ask the court to enforce support. Your attorney can assist you with the enforcement process.
CHILD SUPPORT MODIFICATIONS
You can also ask to have an existing child support agreement modified if your circumstances or those of the mother have changed significantly. Some of the reasons the court may agree to a modification are if your income or that of the mother has greatly decreased or increased, your child’s needs have changed, or custody arrangements have changed. You will need to prove to the court why the modification is needed.
CALL AN EXPERIENCED NEW JERSEY LAWYER TO LEARN ABOUT GETTING SUPPORT FROM YOUR CHILD’S MOTHER
Our knowledgeable New Jersey law firm can represent you in all areas of child support. Whether you are seeking an initial support agreement from the mother or wish to have an order enforced or modified. Or if the other parent is trying to reduce their payments to you through a modification, we will stand up for you in keeping the existing one if the facts support it.
Contact [MFR] Men’s & Fathers’ Rights Divorce Lawyers today to arrange a time to speak with a family lawyer. We can be reached at (201) 880-9770 or through our online contact form. Our attorneys have decades of combined experience helping clients achieve successful outcomes in child support cases.
