Child Support FAQs

Child support in New Jersey is a financial obligation paid by a non-custodial parent to the custodial parent to help cover the expenses associated with raising a child. The purpose of child support is to ensure that the child receives adequate financial support from both parents, maintaining their well-being and quality of life after a separation or divorce.

The purpose of child support in New Jersey is to ensure that children receive adequate financial support from both parents, regardless of their living arrangements or relationship status. Child support aims to maintain the child’s well-being and quality of life after a separation, divorce, or other circumstances that have led to the establishment of a child support order. Specifically, child support in New Jersey serves several essential purposes: sharing the cost of a raising a child, maintaining the child’s standard of living, reducing the financial strain on the custodial parent, meeting the child’s specific needs, and promoting parental responsibility.

In New Jersey, the non-custodial parent is typically responsible for paying child support to the custodial parent. The non-custodial parent is the parent who spends less time with the child or has fewer overnight visits, while the custodial parent is the one with whom the child primarily resides.

Child support is intended to help cover the expenses associated with raising a child, and both parents are expected to contribute to their child’s financial well-being. The New Jersey Child Support Guidelines provide a framework for determining the amount of child support each parent should contribute, based on factors such as the parents’ combined net income, parenting time, and the number of children involved.

In some cases, the court may deviate from the guidelines if there are special circumstances, such as a child with extraordinary needs, or if the parents agree to an alternative arrangement. Additionally, if both parents share equal or near-equal parenting time and have similar financial resources, the court may order a different child support arrangement.

Child support in New Jersey is calculated using the New Jersey Child Support Guidelines, which provide a framework to determine the appropriate amount of financial support that both parents should contribute towards their child’s needs. The guidelines consider various factors to ensure a fair and equitable distribution of financial responsibility. Here are the main factors used in calculating child support in New Jersey: combined net income, number of children, parenting time, healthcare expenses, childcare expenses, and other factors.

The New Jersey Child Support Guidelines are a set of rules and formulas established by the state to determine the appropriate amount of child support that should be paid by the non-custodial parent to the custodial parent. These guidelines aim to ensure that children receive adequate financial support from both parents and maintain a similar standard of living as they would have experienced if the parents remained together. The guidelines use an “income shares” model, which means that the child support obligation is based on the combined net income of both parents and is divided proportionally between them according to their respective incomes.

Yes, child support can be modified in New Jersey if there has been a significant change in circumstances for either parent or the child since the original order was established. The court recognizes that life circumstances can change, and the child support order may need to be adjusted accordingly to continue meeting the child’s needs.

To request a modification of child support in New Jersey, follow these steps:

Determine if a significant change in circumstances has occurred: A substantial change in circumstances for either parent or the child is required to request a modification of child support. Examples include changes in income, parenting time, the child’s needs, or the cost of living.

Consult with an experienced family law attorney: It’s recommended to consult with an experienced family law attorney, like Frank Marciano, to discuss your specific situation, understand your options, and receive guidance on the process.

Gather documentation: Collect documentation to support your claim for a change in circumstances, such as pay stubs, tax returns, medical records, childcare expenses, or any other relevant documents.

File a motion with the court: To request a modification, you’ll need to file a motion with the court that issued the original child support order. The motion should outline the reasons for the requested modification and include supporting documentation.

Serve the other parent: After filing the motion with the court, you must serve the other parent with a copy of the motion and any supporting documents. This ensures the other parent is aware of the request for modification and has an opportunity to respond.

Prepare for the hearing: If the court schedules a hearing, prepare your case by organizing your documentation, reviewing the facts, and working with your attorney to develop your arguments.

Attend the hearing: At the hearing, both parties will have the opportunity to present their arguments and evidence to the court. The judge will review the information and determine whether a modification of child support is warranted based on the evidence presented.

Wait for the court’s decision: The judge will issue a decision on the modification request, either granting the modification, denying it, or requesting additional information. If the modification is granted, the court will issue a new child support order reflecting the updated amount.

Yes, child support can be enforced in New Jersey. The state takes child support enforcement seriously and offers various methods to ensure that the non-custodial parent meets their child support obligations. The New Jersey Child Support Program and the Probation Division of the Superior Court are responsible for monitoring and enforcing child support orders.

If a parent fails to pay child support in New Jersey, the state can take various enforcement actions to ensure that the non-custodial parent meets their child support obligations. Non-payment of child support is taken seriously, and the New Jersey Child Support Program and the Probation Division of the Superior Court can employ multiple methods to collect overdue payments. Consequences for not paying child support in New Jersey may include:

Income withholding: The child support payments can be automatically deducted from the non-custodial parent’s paycheck through income withholding.

Interception of tax refunds: The non-custodial parent’s federal and/or state tax refunds may be intercepted and applied to the outstanding child support balance.

Credit reporting: Overdue child support can be reported to credit bureaus, which can negatively impact the non-custodial parent’s credit score.

Suspension of licenses: The non-custodial parent’s driver’s license, professional license, or recreational license (such as hunting or fishing licenses) may be suspended if they fail to pay child support.

Passport denial: If a non-custodial parent owes a significant amount of past-due child support, they may be denied a passport or have their passport renewal application denied.

Liens on property: Liens can be placed on the non-custodial parent’s real or personal property, such as houses or vehicles, to secure the payment of overdue child support.

Bank account levies: The non-custodial parent’s bank accounts may be levied to collect past-due child support.

Contempt of court: If the non-custodial parent willfully disobeys the child support order, they can be held in contempt of court, which may result in fines, jail time, or other penalties.

In New Jersey, a parent is generally required to pay child support until the child turns 19 years old. However, there are certain circumstances under which child support may be extended beyond the age of 19 or terminated earlier.

In New Jersey, child support is typically not paid directly to the child. Child support payments are generally made to the custodial parent, who is responsible for using the funds to meet the child’s needs, such as providing housing, food, clothing, healthcare, and education. The custodial parent is entrusted with managing the child support funds on behalf of the child, ensuring that their needs are met.

In some exceptional cases, the court may consider alternative arrangements, such as payments to a trust established for the child’s benefit. However, this is not a common practice and would typically require a strong justification and the court’s approval.

To ensure that child support payments are made and received appropriately, New Jersey often uses income withholding, where the child support payments are automatically deducted from the non-custodial parent’s paycheck and forwarded to the custodial parent or a designated agency, such as the New Jersey Family Support Payment Center.

In New Jersey, child support modifications are generally not retroactive, meaning they usually take effect from the date the motion to modify is filed with the court. The court may not apply the modification to past due or previously paid child support. However, there are some exceptions in which a modification could be applied retroactively.

If the non-custodial parent has experienced a significant change in circumstances, such as job loss or a substantial decrease in income, and they promptly file a motion to modify the child support order, the court may consider making the modification retroactive to the date the change in circumstances occurred. It is important to note that this is at the discretion of the court and not guaranteed.

To increase the chances of a retroactive modification, the non-custodial parent should act quickly to file the motion for modification as soon as the change in circumstances occurs, provide documentation to support their claim, and demonstrate that they made reasonable efforts to notify the other parent of the change.

If a parent has multiple child support orders in New Jersey, they are responsible for fulfilling their obligations under each separate order. Each child support order is treated independently, and the parent must make the required payments for each child as specified in the respective orders.

When calculating child support for subsequent orders, the New Jersey Child Support Guidelines take into consideration the existing child support obligations. This means that the amount paid for the first child support order will be factored into the non-custodial parent’s income when determining the child support amount for the subsequent order.

In cases where the non-custodial parent’s income is insufficient to fully meet multiple child support obligations, the court may consider reducing the child support payments for some or all of the orders, ensuring that each child receives at least some financial support from the parent. However, this is at the discretion of the court and depends on the specific circumstances of the case.

In New Jersey, child support cannot be completely waived because it is considered a right of the child, not the parents. The purpose of child support is to ensure that the child’s financial needs are met by both parents, regardless of their relationship status.

While parents cannot completely waive child support, they may agree on an amount that is different from the amount determined by the New Jersey Child Support Guidelines, provided that the agreed-upon amount is in the best interest of the child. Any such agreement must be approved by the court, which will review the proposed arrangement to ensure it meets the child’s needs and is consistent with the child’s best interests.

If the court believes that the agreed-upon amount is insufficient to meet the child’s needs or that the waiver of child support would be detrimental to the child’s well-being, the court may reject the agreement and establish a child support order based on the New Jersey Child Support Guidelines.

If you and the other parent are considering an alternative child support arrangement, it is crucial to consult with an experienced family law attorney, like Frank Marciano, to ensure that the proposed arrangement is in the best interest of the child and is likely to be approved by the court.