Children are entitled by law to financial support from both parents. If you are like most parents who are divorcing, you want your children to continue having the same standard of living they have always known. You also want to be sure that the child support agreement is fair to you, whether you expect to pay or receive support.
Our New Jersey law firm helps parents navigate child support decisions in divorce, including in high-net-worth divorce cases. We also assist parents who were never married in resolving support issues.
Contact [MFR] Men’s & Fathers’ Rights Divorce Lawyers in Hackensack at (201) 880-9770 for your child support concerns.
Our attorneys have decades of combined experience helping families attain equitable solutions that ensure their children’s financial security.
When you choose MFR, you will receive honest and straightforward legal representation that is strategically tailored to get you the best possible outcome.
Many fathers assume that they will have to pay child support. This assumption is incorrect. In general, the non-custodial parent pays support to the custodial parent, who is the parent the child lives with more often. Mothers or fathers can be deemed custodial or non-custodial parents depending on how child custody is determined.
In cases where residential custody is truly split 50/50, meaning children spend an almost equal number of overnights with each parent, the higher-earning parent may still pay support to the lower income parent.
Parents can reach mutual agreement about child support and payment amounts with the help of their attorneys and, potentially, assistance from a neutral mediator and then present the agreement to the court for approval. If parents cannot agree, the child support case will go to litigation for a New Jersey judge to decide.
The New Jersey Child Support Guidelines offer a starting framework for helping judges decide child support payment amounts. The guidelines use a mathematical formula to determine how much money is needed to raise a child in the state and, from there, to arrive at child support amounts.
Parents can get a rough idea of what they may collect or pay by visiting the New Jersey Child Support online calculator. However, do not rely solely on it, because if you input incorrect data, the amount can and will vary greatly. You may also exceed the threshold income amounts where the guidelines do not apply or require adjustment. Plus, the court has the authority to determine the final amount based on all the factors involved, including:
Private school tuitions, college costs, extracurricular activities, and whether a child has special needs are also factored into support amounts.
You can see that child support determinations are complex. You probably have many questions and concerns about what is likely for your own situation. A Hackensack child support lawyer from our firm will explain what you may expect to happen based on your unique circumstances. Our lawyers will guide you throughout the child support determination process and advocate for the interests of you and your child and a fair decision for all parties.
Ideally, we can negotiate an agreement between you and the other parent, which allows you both to maintain control of the decision and potentially reach a more satisfactory outcome. If you are at an impasse and your support case must be decided by a judge, we will vigorously represent you before the court.
Following are answers to some of the common questions we receive.
In general, child support ends when the child reaches the age of 19 or is emancipated as defined by New Jersey law. However, if a child is still in high school or in college or vocational school full time, it can continue until a child is 23 years old or beyond that age if they are physically or mentally disabled.
If a child is turning 19, and only if support is paid through the court’s probation division, both parents will receive notice that support is ending. The notice will be sent 180 days before the support ends, and again at 90 days if the receiving parent does not respond. If a parent wishes support to continue, they must respond and request continuation. The paying parent then has the right to confirm the validity of the reason for requesting continuation.
There are court rules about how child support is supposed to be used, such as for housing, food, clothes, medical care, school, and some extracurricular activities. Nevertheless, receiving parents are not required to prove how they spend the money. If you believe the money you’re paying isn’t being used as it should be, one of our child support lawyers will investigate your suspicion and, if it is proven, may be able to help you have payments modified.
If the other parent wants more support, they will need to file a request for modification with the court proving that there has been a change in circumstances that makes more money necessary. If you disagree that more support is needed, our attorneys can help you defend the existing order.
For answers based on your specific situation, speak directly with one of our experienced child support attorneys.
In some cases, child support payments can be automatically deducted from the payer’s wages by their employer. The payments are then sent by employers to the child support agency, which pays the custodial parent. Other payment arrangements may be made by court order and could include weekly, bi-weekly or monthly payments directly online or through the mail or at county child support offices. There are even child support payment locations at participating retail stores that accept cash payments.
If paying parents get behind in paying or do not pay at all, they face tough consequences, including:
If you are owed payment, our child support attorneys can assist you in pursuing past-due monies.
If you are behind in paying your support obligation, we can assess your circumstances and advise you about what to do. If your financial circumstances have changed significantly since your child support order was put in place, you may be able to negotiate a payment plan with the other parent or obtain a child support modification.
Take action right away if you are behind on child support payments. Do not ignore the situation, as it is only a matter of time before it catches up with you. If you receive notice that a child support enforcement hearing has been scheduled, be sure to attend. If you don’t attend, you may face severe consequences, including potential arrest.
We know that as a parent, you want what is best for your children. You want them to maintain the same lifestyle they had before you and the other parent split up. Our child support lawyers in Hackensack want that, too. We also want to ensure that all parents are treated fairly in child support decisions in relation to their income and circumstances.
When you want to be sure your rights and the interests of your children are protected, turn to our knowledgeable New Jersey family law firm for help. Call us today at (201) 880-9770. We are here to help you navigate this complicated time in your life.
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