Child Support Is The Right Of The Child

Throughout any divorce or separation, matters involving children are stressful. New Jersey family court wants to ensure that children are taken care of correctly and that their lives are disrupted as little as possible. This means that deciding child support is an important step of the process.

I am Melinda L. Singer, Esquire Having been through a divorce with children myself, I understand that while the children are everyone’s priority, that does not make it easy to determine matters such as support and parenting time. However, I am a certified family law attorney, giving me a unique ability to help you navigate the process for your family.

How Child Support Is Determined

Child support is determined by the incomes of the parties. The child support in the vast majority of cases uses the New Jersey Child Support Guidelines. If one party has no income, the court can impute income to that party. That is because every parent is obligated to contribute to the child’s support and well-being. Child support also significantly depends on whether the parties use a shared parenting worksheet or sole parenting worksheet. That depends on how many overnights the parent who doesn’t live with the child has overnight time.

However, if a divorce is being handled outside of court, you and your ex-partner, along with your lawyers, will have to outline a child support agreement yourselves. This can be difficult, especially if the divorce is contentious. As an experienced family law attorney, as well as someone who has been through a divorce herself, I know how emotionally fraught the divorce process can become. Yet, this is one reason why it is so helpful to approach this situation with a collaborative mindset.

I am trained in collaborative law and try to use it where appropriate. I have also worked as a mediator, which gives me a singular perspective on the process.

When Does Child Support End In New Jersey?

In New Jersey, support generally terminates automatically when a child turns 19. This is the legal age of emancipation, but your specific court order or agreement may have a different date. I understand this can feel like a major shift, especially if you are still helping your child financially.

Support may continue up to age 23 if the child is still in high school, attending full-time college or dealing with a severe disability. If your child is going to college, both parents typically must contribute to those expenses.

Courts look at many factors, such as the parents’ ability to pay and the family’s prior lifestyle, to set the contribution amount. I can help you understand how these standards apply to your unique circumstances.

Other significant changes can lead to emancipation before age 19. These are the situations that require a court order to formally end support:

• The child marries.
• The child enters the military.
• The child becomes financially independent.

Navigating the necessary court process to officially end support requires careful legal attention, which I can provide.

Adjusting Child Support When Life Changes

I understand life rarely stays static, and your financial picture can change a lot after your initial child support order. You may have lost a job, your pay may have changed or perhaps your co-parenting arrangement is different now. You need to know that a court order is not set in stone.

To change an existing order, New Jersey law requires you to show a “substantial change in circumstances.” This means proving that the change is significant enough that the current support amount is no longer fair. Common reasons for seeking a modification include:

• A major change in either parent’s income.
• A long-term change in your parenting time schedule.
• The serious illness or financial needs of the child.

I provide honest legal feedback on whether your situation meets the legal standard.

Child Support Enforcement And Arrears

If you are not receiving support payments, this can create strain and worry. Dealing with past due support arrears is always a high-emotion topic.

If payments stop, the parent receiving support can ask the court to step in for enforcement. As a certified family law attorney, I can guide you through the process of seeking enforcement, which results in a judgment for arrears. This legal process is what you need to collect the money owed.

Learn More: Call Today

Each situation is unique. To discuss your case with a lawyer, call my Hackensack office at 201-870-0826, or send me an email through my online form.