FAQ About Child Support
New Jersey Child Support Lawyer Answers Your Questions
Child support is often an important part of many divorce agreements in New Jersey. That’s why many people often have a lot of questions about child support and how it actually works. But actually finding accurate information can often be a challenge. That’s why our New Jersey child support attorneys at Williams Law Group, LLC want to help.
We understand that parents going through divorce may have various concerns regarding support obligations. This page covers some of the most frequently asked questions about child support in New Jersey. We also strongly encourage you to talk to a lawyer at our firm as soon as possible to learn more about your legal rights.
– Michelle
What Is Your Child Support Question?
- What is Child Support?
- How is the Amount of Child Support Determined in New Jersey?
- What is the Average Child Support Payment for One Child in New Jersey?
- What is Covered Under Child Support in New Jersey?
- What is Not Covered Under Child Support in New Jersey?
- Is There a Cap on Child Support in New Jersey?
- How Long Does a Father Have To Pay Child Support in NJ?
- Do You Still Have to Pay Child Support if the Child Goes to College in NJ?
- If My Co-Parent Does Not Allow Me to See My Children, Do I Have to Pay Support?
- If a Father Terminates His Parental Rights, Does He Still Have to Pay Child Support?
- At What Age is Child Support Terminated for Handicapped Children?
- Can Child Support be Reduced if I Remarry and Have Children with My New Spouse?
- Can I Change My Agreement to Waive Cost of Living Adjustments (COLA’s) in My Child Support Settlement Later On?
- Does an Increase in Visitation Affect Child Support in New Jersey?
Seek Advice from a New Jersey Attorney on Common Questions about Child Support
These are just some of the common questions about child support in New Jersey. We cannot cover every possible scenario for divorced parents. As such, those who wish to determine their child support amount, modify a previous arrangement, or get advice for their specific circumstances should consult with the legal team at Williams Law Group, LLC. One of our knowledgeable lawyers could answer any remaining questions you may have. Contact us and schedule an appointment today at one of our two New Jersey office locations – Short Hills and Parsippany.
What Is Child Support?
Child support is money paid from the noncustodial parent to the custodial parent in order to ensure that the child has its basic needs met. The standard for child support is to allow for a lifestyle that is reasonably comparable to when the parents resided together.
How is the Amount of Child Support Determined in New Jersey?
The amount of child support is determined using New Jersey support guidelines. Our law firm uses computer programs that help evaluate what the guidelines calculation will be for child support. In very high-income cases, the amount is calculated based upon a number of statutory factors, but there is a presumption in favor of using the child support guidelines.
First, the court will look at the incomes of both of the parents and input that into the guidelines. Next, the basic child support amount is calculated by deducting Mandatory Union Dues and contributions to pensions. Finally, that amount is separated based upon the amount of time each parent has with the child. If you have questions about your appropriate child support obligation, you should consult a skilled attorney who can run the guidelines for you.
What is the Average Child Support Payment For One Child in New Jersey?
Such payments can vary widely from one person to another. This is because each person’s economic situation can be dramatically different. If someone’s net income falls below a certain amount, for example, they may not have to pay child support. For others who make significantly more money, they may be required to pay hundreds of dollars each week per child.
To put this question in perspective, the State of New Jersey guidelines for child support payments is more than 100 pages long. These guidelines include the New Jersey Schedule of Child Support Awards, Appendix IX-F, which are often amended and updated in order to be consistent with current financial conditions.
Finding the latest New Jersey child support guidelines can be difficult. Understanding these guidelines can be confusing. That’s why it’s important to talk with a New Jersey child support lawyer as soon as possible to better understand your legal rights.
What is Covered Under Child Support in New Jersey?
Like many states, child support in New Jersey generally covers fixed costs associated with raising a child. Such fixed costs often include money to pay for food, clothing and shelter, which is often rent or part of a mortgage payment. Money for health care, childcare, education (including school tuition and school supplies) and transportation costs (whether it’s gas money, bus fare or compensation for other public transportation) are also often included as part of many monthly child support payments.
What is Not Covered Under Child Support in New Jersey?
There is often a great deal of debate about what is not covered by child support payments in New Jersey. One parent’s definition of a standard fixed cost might be defined by another parent or ex-spouse as a non-recurring cost, which is often not covered by child support. Non-recurring costs sometimes not covered by child support agreements can include money for birthday parties, some college tuition costs and financial compensation for non-food items such as alcohol or cigarettes.
Is There a Cap on Child support in New Jersey?
The short answer? Sometimes. The State of New Jersey has specific guidelines (explained above) for how much money parents should pay in child support if the combined net weekly income of the parents or guardians is more than $187,200 per year or $3,600 per week. If their combined income exceeds that $187,200 per year threshold, New Jersey regulations state that “the court must add a discretionary amount of child support to the minimum basic award.” In other words, the maximum child support payment in New Jersey varies from one case to another.
How Long Does a Father Have To Pay Child Support in NJ?
In general, a father (or mother) has to pay child support to the custodial parent (meaning the parent the child primarily lives with as opposed to the non-custodial parent) until the child is 19 years old in most cases. There are some circumstances in which the non-custodial parent must pay child support until the child is 23 years old. Such circumstances include the child is still in high school, attending post-secondary education or the child is disabled.
Do You Still Have To Pay Child Support if the Child Goes to College in NJ?
The short answer? Yes. In many cases, the non-custodial parent responsible for paying child support must continue to pay child support to the custodial parent if the child is under 23 years old and attending college, university or vocational training full-time.
However, it’s important to understand that paying for education for a child after a divorce can be a complicated, confusing topic. This is why it’s best to talk with a New Jersey child support attorney if you have any questions about child support and how it relates to your child’s education.
If My Co-Parent Does Not Allow Me to See My Children, Do I Have to Pay Support?
In New Jersey, case law clearly establishes that child support and parenting time are two separate obligations. You are entitled to see your child if you have not had an order entered that would restrict your access to them. Therefore, if you are being denied the right to see your child, you should contact an attorney who could assist in asking for a court order to establish parenting time.
However, you should not resort to self-help and modify your child support obligation. The court will not look favorably upon you, and you will ultimately be required to pay the support that you withheld.
If a Father Terminates His Parental Rights, Does He Still Have to Pay Child Support?
In New Jersey, termination of parental rights also ends the obligation to pay child support. However, a father in New Jersey cannot unilaterally terminate his child support obligation or his parental rights. In order to terminate one’s parental rights, the state must initiate that action or the parent seeking to terminate his or her rights must have a third party, such as a stepparent, who can take over the parental role.
For instance, if a mother has remarried and her husband is eligible and wants to adopt the child, he can contact the stepfather. If the stepfather chooses, they can initiate an action to terminate his rights. Once there is a final judgment ending his parental rights, his child support obligation is also terminated.
At What Age is Child Support Terminated for Handicapped Children?
The termination of child support in New Jersey is based upon the age of emancipation of the child. A child becomes emancipated in New Jersey when they move beyond the sphere of influence of their parents and are deemed self-supporting. If a child is handicapped, several questions may be asked. How can the child take care of him or herself? At what point is it appropriate that that child be required to do so?
In order to determine the answers, the court will want to know what the child’s specific limitation is, whether or not they have any vocational abilities, and what can be done in order to ensure that they can support themselves. Because these cases involve fact-specific analysis, you should consult an experienced lawyer about your special-needs child to determine whether they will be able to become emancipated.
Can Child Support be Reduced if I Remarry and Have Children with My New Spouse?
If you remarry and have additional children to support, you can seek a modification of your original support obligation. In order to do this, the court must know the ages of your new children as well as the earning capacity of your home and new spouse. If your spouse is a stay-at-home partner, there will be income imputed to them so that the court can determine what the appropriate support obligation is for your new children. That amount will then be used to reduce how much you pay to your original supportive child.
Can I Change My Agreement to Waive Cost of Living Adjustments (COLA’s) in My Child Support Settlement Later On?
Generally speaking, once you have agreed to waive support in any form in the agreement, you are going to be stuck with that waiver. You cannot come into court and simply ask that the court undo your agreement. The reason for this is that the court will presume that the other party has relied upon your waiver of support in consideration of other provisions of your agreement.
Additionally, there is an anti-retroactivity statute in New Jersey which bars the retroactive modification of support. If you have a question about a waiver in your agreement that you want to have modified or undone, you should discuss your circumstances with a seasoned attorney.
Does an Increase in Visitation Affect Child Support in New Jersey?
Child support is typically determined based on the amount of time that each parent has with the child. When the noncustodial parent has enough visitation time with the child, i.e., at least two overnights per week, that it can be considered a joint custodial arrangement, there will be a substantial change in child support. Outside of that, any change in visitation time by the noncustodial parent is only going to modify their support obligation by a very small amount.