Child
Support
The Three Most-Frequently
Asked Questions About Child Support
- How Is The Amount of Child
Support Determined In New Jersey?
- When Does The Duty Of Child
Support End In New Jersey?
- What Can Be Done If A New
Jersey Court Orders Child Support But It Is Not Paid?
1. How Is The
Amount of Child Support Determined In New Jersey?
Children are entitled to be financially supported
in accordance with the economic status of each parent. There are written Child Support
Guidelines to assist New Jersey courts in determining a fair and adequate child support
award.
Each parent must complete a Worksheet, which
provides information on the parents' overnight parenting schedule, income, alimony
obligation, other child support obligations, child care costs, and health insurance costs
for the child. If the child spends less than 28% of his/her overnights with one parent (an
average of less than two (2) overnights per week), the "Sole Parenting"
Worksheet is used. Otherwise, the “Shared Parenting” Worksheet is used, as long
as each parent provides separate living accommodations for the child.
The Guidelines currently address children whose
parents' combined net annual income is up to $229,840.00. The child support amounts set
forth in the Guidelines are presumed to be correct. If a party believes that a deviation
from the Guidelines amount is warranted, he or she must convince the court that there is
“good cause” for that deviation.
If the parents' combined net annual income
exceeds $229,840.00, the amount of the parents’ additional child support obligation
is award will be based upon 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, 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; and
- Any other factors the court may deem relevant.
In addition to imposing a basic child support
obligation, a court may require parents to pay additional money for private elementary or
secondary school, post-secondary school and unreimbursed health care costs. Each case is
decided on an individual basis.
2. When Does
The Duty Of Child Support End In New Jersey?
The duty of child support ends when a child is
emancipated. If a child graduates from high school and does not attend post-secondary
school, he or she is usually emancipated as of the date of the high school graduation. If
a child attends post-secondary school, the parents may still need to pay child support
while the child is in school, in addition to the education costs.
3. What Can
Be Done If A New Jersey Court Orders Child Support But It Is Not Paid?
An application for enforcement can be filed on
behalf of the parent to whom the child support is due. When the child support is being
paid through Probation (the New Jersey Support Center), that agency can also file an
enforcement application.
The court has the ability to suspend the
defaulting parent’s driver’s license, professional license or passport if he or
she refuses to pay child support. Child support arrearages are also reported to the three
credit bureaus and constitute a lien on the defaulting parent’s real estate, making
it impossible to sell or refinance that real estate until the arrearages are fully
satisfied. Other remedies include seizure of bank accounts, personal injury or
worker’s compensation awards, lottery winnings and income tax refunds.
When necessary, the court has the power to issue
a bench warrant for the arrest of the defaulting parent. Following his or her
incarceration in the county jail, the defaulting parent will be taken before a judge who
will determine the amount of the child support arrears that the defaulting parent must pay
in order to be released from jail.
To speak with a New Jersey Child Support
Attorney, call 973-455-1220. |
