There is a lot of misinformation out there about child support and child custody. As a result, many parents aren’t sure what to believe or what to expect when dealing with child support or custody issues. Now is the time to separate fact from fiction–here is the truth behind these common misconceptions:
Myth: Child support payments automatically end on the child’s 18th birthday.
The obligation to pay child support does not end in New Jersey until the child dies, marries, enlists in the military, or turns 19 years old. Sometimes, child support payments can continue past the child’s 19th birthday, however the court must approve of this extension first.
Myth: Mothers are always awarded custody of the children.
A lot of people believe that the court favors women in child custody cases, but that’s not true. If parents cannot come up with a parenting plan on their own, the court will get involved. The judge considers many factors when deciding how to award child custody, including each parent’s living arrangements and relationship with the child. The decision is made based on what’s in the best interests of the child, not the parent’s gender.
Myth: If a parent fails to pay child support, he can be denied visitation.
Child support and child custody are treated as two separate issues in court, so they must be treated the same way by the parents. The custodial parent does not have the right to deny visitation to the non-custodial parent if he misses a child support payment. Missing payments is a matter that is dealt with in court, and parents should never take the law in their own hands. If this happens, the custodial parent must continue to comply with the court orders, even if the other parent isn’t.
Myth: Child support and custody orders are set in stone.
Both parents are legally obligated to comply with the child support and custody court orders. However, the terms of these agreements can be modified under certain circumstances. You must file the appropriate motions with the court in order to request a modification hearing and officially change the terms. The initial court orders will remain in effect until the modifications have been approved.
Are you involved in a child support or custody dispute? If so, Williams Law Group, LLC can help. Let our team of experienced attorneys work towards fair resolutions that are in the best interests of your children. Call our office at (908) 810-1083, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation.