New Jersey family law supports the belief that children are entitled to the finan-cial support of both parents. This support is due to them regardless of their par-ents’ relationship with one another.Child Support and Divorce
Child support is an issue in all divorce cases involving children. If you or your spouse has or is about to file for divorce, one of you—usually the non-custodial parent—will probably have to pay child support.
Unlike many other divorce and family law matters, child support is governed by specific guidelines and formulas. The guidelines for determining the amount of child support are strictly followed unless the court believes that there is good cause to modify or disregard them.
A qualified New Jersey child support lawyer from Aretsky Law Group, P.C., will work vigorously to see that you are treated fairly when child support payments are being determined. We will use our expertise to ensure that all pertinent fac-tors are considered and that the guidelines are applied appropriately.New Jersey Child Support Guidelines
The New Jersey Child Support Guidelines are based upon the following prem-ise:
- child support is a continuous duty of both parents;
- children are entitled to share in the current income of both parents; and
- children should not be the economic victims of divorce or out-of-wedlock
The court must take into account specific factors when determining who will pay child support and the amount of the payment:
- the cost of the child’s food, clothing, shelter, medical care, and other needs;
- the income and assets of each parent;
- each parent’s expenses;
- each parent’s standard of living;
- the earning ability of each parent; and
- the amount of parenting time each spends with the child.
After these determinations are made, specific formulas are applied to calculate the amount of support that must be paid.Parenting Time and Child Support
Parenting time and child support are two separate issues. One is not contingent upon the other.
If the non-custodial parent is behind in child-support payments, the custodial parent may not use this fact to deny the other parent his parenting rights.
On the other hand, if the custodial parent hinders the non-custodial parent’s ability to spend parenting time with his child, he should not withhold child-support payments as retribution.
Reasons Not to Withhold Child-Support Payments It is important to remember that it is your child who is entitled to your financial support. You don’t want to harm your child in order to get even with your ex.
Also, violating your court-ordered child support can subject you to penalties. These might include the garnishment of your wages, the confiscation of tax re-funds, the seizure of your driving license, and other impositions that can have an adverse effect upon your life.
If you have a problem regarding child support and/or parenting time, it is advis-able to seek the assistance of a New Jersey divorce and family law attorney with experience handling these matters.New Jersey Termination of Child Support Law
In February 2017 a new Termination of Child Support Law went into effect in New Jersey. The new law presumes that a child is emancipated when he or she reaches age 19. Previously, the age of emancipation was presumed to be 18.
Also, with the passage of this law, the burden of proof shifted. Before its pas-sage, the burden of proof was on the party paying support to prove why he should be allowed to stop making the payments. Now it is up to the recipient to prove why child support should continue beyond the age of emancipation.
Another change that came about as a result of this law is that child support must end at age 23. Previously, this was left open ended. If further support is needed, another source must be found.Contact a New Jersey Child Support Lawyer
Are you about to proceed with a divorce and want to know how much child sup-port you will have to pay?
Are you presently paying child support and think that your payments are too high?
Do you believe that your ex’s request to extend support is unwarranted?
Is a modification of your child support order needed because of a change in cir-cumstances?
If the answer to any of these questions was “Yes,” then you need the assistance of an experienced New Jersey child support lawyer. Your Aretsky Law Group, P.C., attorney will analyze your unique situation and calculate your obligation according to the New Jersey Child Support Guidelines. We will use our exper-tise to ensure that all factors are appropriately used to your advantage and that the guidelines are applied correctly.
Your initial consultation is free. Call us today to discuss your case at 800-537-4154. We are available 24/7 to take your call!