A New Jersey Family Law Attorney Discusses Child Support
Child support is necessary to ensure the child receives the proper care when parents no longer live together. The state of New Jersey orders one parent to pay the other to aid in the care and raising of the child. Child support is a complex topic and confusing to many. Learn more about child support so you will be prepared for your hearing.
Child Support Information
Parents typically have a wealth of questions regarding child support. Many want to know the expected payment and if it is possible to make changes. It is also common to ask what happens if the parent fails to pay the support and when the order ends. Get details for each of these questions.
Calculating Monthly Payments
New Jersey uses a complex formula when calculating the support order. While many factors go into the formula, five are the most important. The court considers the income of each parent, childcare expenses, medical insurance costs, Social Security benefits (if applicable), and the living arrangements. It can also consider any factors it deems relevant.
After calculating the support, the paying parent will receive an order with the amount owed and the date the payments begin. The order will also include information on where to send the payments. Those who are employed will have the payments automatically deducted from their paychecks. The court sends a notice to the employer to start the deductions.
Modifying The Order
When circumstances change, a parent can schedule a modification conference to reduce or increase the support payment. The person requesting the change must prove that permanent, substantial, and unanticipated changes have occurred. Common reasons to request a modification include changes in income, suffering a severe illness, or losing housing. The court considers the changes and determines if the support should be adjusted.
Failing to make payments
New Jersey takes child support payments seriously. Failure to pay puts the parent in arrears. The Child Support Enforcement Agency can take action to collect missed payments. Possible actions include seizing bank accounts and tax refunds. The agency can also suspend the parent’s driver’s license and issue a bench warrant for the arrest of the non-payer.
Termination of the order
Many states end support orders when children turn 18. In New Jersey, the order does not end until the child turns 19. Also, it can last until the child is 23 in some cases. For example, if the child is still in high school or attending college, the support order can remain in place. This is also true if the child is disabled. Parents must request a continuation of support once the child reaches the age of 19.
Child support help
Many parents choose to use an attorney to help with child support issues. The attorney can help with everything from calculating payments to extending the order after meeting the conditions. If you are going to pay or receive child support, get legal advice. Your attorney will answer your questions and help you navigate the system.
Call (732) 449-0449 to schedule a consultation with Anthony J. Cafaro, P.C. in our Sea Girt office.
NOTE: This is for informational purposes only and does not constitute legal advice.
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