Each child is entitled to support if their parents are separated.
HELPING YOU NAVIGATE THE CHALLENGES OF FAMILY LAW, DIVORCE, & SEPARATION
In a court of law, the wellbeing of children is put before anything else, especially during a divorce. All parents have a legal obligation to financially support their children, as child support is a guaranteed right. That said, figuring out child support can be far from easy. How is it calculated? Who pays it? And for how long? At Keith Family Law, we can help you answer these questions and more.
How is child support calculated?
In New Jersey, child support is determined by the New Jersey Child Support Guidelines. This is based on income of both parents, alimony, child custody agreements, the number of overnights in the parenting plan, the number and age of children, the cost of the children’s share of health insurance, and other factors. The amount of child support ordered is non-negotiable unless there is a reason to deviate from the guidelines, which a court may do under extraordinary circumstances, although this is rare.
Although entertainment expenses are included in the child support calculation, there may be extracurricular expense that are not. These must be separately negotiated between parents and then be incorporated into the child support agreement.
Child support levels can be modified if the circumstances they were originally calculated at change. If either parent loses their job, an adjustment could be made based on their current income, earning history, education, disabilities, and efforts to find a new job. If care costs increase due to health concerns or disabilities, an adjustment to child support levels would be appropriate. These changes to child support are also calculated by the New Jersey Child Support Guidelines.
When does child support stop?
What can I do if child support payments are not being made?
As child support is the right of a child, it is legally required to be paid on a regular basis. There are a number of enforcement options available to remedy non-payments, including going to court to file an enforcement application. We would be happy to assist you in any way we can to make sure your child receives their payment.
One of the most popular methods of guaranteeing child support is wage garnishment. The employer of the parent paying the support is legally required to deduct child support from their pay. If this is not an option, that parent can be brought before the court where a number of remedies can be taken, including anything from the suspension of their driver’s license, to revocation of their passport, to incarceration.
Child support issues can be varied and complex, depending on the size and structure of the family. If you have questions regarding your specific child support issue, or any other areas involving divorce and family law, please feel free to call us for a consult. We will provide you with individualized legal counsel with one of our family lawyers. Ideally, you may find a reasonable way to resolve your child support issues privately through negotiation, mediation, or the Collaborative Law process. A collaboratively trained attorney can help you work together through collaborative practice to find solutions that will help your children adapt during this difficult time of change.
Keith Family Law is a full service family law practice in Westfield, New Jersey that serves clients from Union County, Essex County, Hudson County, Morris County, Hunterdon County, Somerset County, Middlesex County, Monmouth County, and Warren County.
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Our Family Law Services
Divorce & Separation
We provide expert legal guidance through the entire divorce process, from a period of separation to divorce finalization.
When matters in a divorce need to be settled in family court, our attorneys are compassionate, commanding advocates.
Our divorce mediation services provide the expert help you need in devising a settlement agreement that both parties can live with.
Alimony can be an emotional and complex component of divorce. We can help negotiate an acceptable outcome for everyone involved.
Child support issues can be varied and complex. We can help you ensure the wellbeing of your child is put before anything else.
Get the help you need to ensure all marital assets are distributed in an equitable manner between the parties involved.
Keep control over your divorce with an agreement reached on your schedule and tailored specifically to your needs.
We provide individualized legal counsel to help you determine your best course of action for when you must step into someone else's shoes.