
After a divorce, it’s customary for courts in New Jersey to award the custodial parent with child support to ensure they can ensure their child’s best interests are upheld. That said, determining child support isn’t always straightforward, which is why you need a skilled team of Sussex County family lawyers in your corner whether you’re looking to receive it or are being asked to pay it. Fortunately, you’re in the right place. Contact Gruber, Colabella, Thompson, Hiben & Montella for a free initial consultation today.
What Does Child Support Cover in NJ?
In New Jersey, child support is designed to ensure that children continue to receive the financial support they would have enjoyed if their parents were still together. The purpose of child support goes beyond just meeting basic needs–it aims to maintain a child’s standard of living and promote their overall well-being. Child support in New Jersey generally covers the following:
- Basic necessities: This includes food, shelter, and clothing–everyday essentials required for a child’s healthy upbringing.
- Medical care: The cost of health insurance premiums, out-of-pocket expenses, co-pays, and uninsured medical bills may be part of a child support order. One or both parents may be required to contribute.
- Educational expenses: While public school education is typically included, courts may also factor in private school tuition, supplies, tutoring, and other educational needs based on the family’s prior standard of living and the child’s best interests.
- Childcare costs: If the custodial parent requires daycare or after-school care to work or attend school, those expenses can be included in the support calculation.
- Transportation and travel: This includes costs related to getting the child to and from school, medical appointments, or visitation with the non-custodial parent.
- Entertainment and extracurriculars: Reasonable expenses for things like sports, music lessons, clubs, and social activities are often factored in–especially if the child participated in these activities prior to the parents’ separation.
- Housing-related expenses: Rent or mortgage, utilities, and household items may be included as part of supporting a child’s living environment.
Child support in New Jersey is guided by the state’s Child Support Guidelines, which are intended to be fair, consistent, and centered around the child’s best interests. However, judges retain the discretion to adjust support obligations based on specific family circumstances.
Determining Child Support in New Jersey
The parent who retains primary custody of his or her child may be entitled to receive monthly child support payments from the child’s other biological parent. Even if the parents were never married, biological parents have the responsibility to help financially support their children by supplying or helping to afford necessities such as food, housing, clothes, medical care (insurance), and education. When determining the appropriate amount of child support, the court considers the following factors:
- Needs of the child
- Standard of living and economic circumstances of each parent
- All sources of income and assets of each parent
- Earning ability of each parent, including educational background, training, employment skills, work experience, and custodial responsibility for children, including the cost of providing child
- care and the length of time and cost of each parent to obtain training or experience for appropriate employment
- Need and capacity of the child for education, including higher education
- Age and health of the child and each parent
- Income, assets, and earning ability of the child
- Responsibility of the parents for the court-ordered support of others
- Reasonable debts and liabilities of each child and parent
- Any other factors the court may deem relevant
Modifying Child Support in New Jersey
Child support orders in New Jersey aren’t set in stone. Life changes–and when it does, either parent can request a modification or termination of the existing child support order. However, to do so, the parent seeking the change must demonstrate a substantial change in circumstances. Some common reasons to modify child support are as follows:
- Job loss or significant change in income: If either parent involuntarily loses a job, suffers a pay cut, or experiences a substantial boost in income, the court may consider adjusting the support amount.
- Changes in custody or parenting time: If the child begins spending significantly more or less time with one parent, this could affect the support calculation.
- Major health issues: If the child or either parent suffers a serious medical condition or disability that impacts their financial needs or earning capacity, it may justify a modification.
- Remarriage or new dependents: While remarriage alone doesn’t automatically alter child support, if the paying parent now has a legal obligation to support additional children, it may be considered by the court.
- Aging out or emancipation of the child: In New Jersey, child support typically continues until the child turns 19, unless extended due to college enrollment or other factors. Once a child is considered emancipated, the support obligation may end or be reduced.
To formally request a change, a parent must file a motion with the court demonstrating the substantial change in circumstances. Until the court approves the modification, the existing child support order remains legally enforceable, even if circumstances have already shifted.
Because these proceedings can be complex and fact-specific, it’s essential to work with a knowledgeable family law attorney who can help you gather the necessary evidence and present a compelling case to the court.
How Can Our Family Lawyers Help You?
Our New Jersey child support lawyers can help you organize your finances and represent your best interests during negotiations.
We can also handle further complicated cases involving paternity disputes, child support payment modification, and unpaid child support. Therefore, in instances of unpaid or “back” child support, you have many legal options for obtaining the money that is owed to you.
Depending upon the financial status of the responsible parent, the court may decide to legally obtain funds from wages and tax refunds and by placing liens on property. The court can also revoke his or her driver’s license or passport for not paying child support.
Our New Jersey-based child support lawyers can help you obtain adequate compensation through all available legal channels or adjust your child support payments to reflect any significant changes in financial circumstances.
We recommend that you consult with one of the New Jersey child support attorneys from our firm to help you navigate your child support case and explore your legal options to get you and your child the financial assistance you need.
Contact Our Family Lawyers Today
If you’re seeking child support in New Jersey or are being asked to pay it, you need a skilled team of family lawyers in your corner who can effectively safeguard you and your child’s interests. Gruber, Colabella, Thompson, Hiben & Montella has extensive experience serving clients throughout New Jersey, and we stand ready to put that experience to work for you as well. Contact our firm for a free case evaluation today.
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