Commonly Asked Questions About Child Support in New Jersey
Child support orders are used to ensure both parents support their children. While you understand the importance, you still have questions about how the process works. It can be complicated, especially if you have never had a support order before. Get answers to commonly asked questions to gain a better understanding of the process.
Child support questions and answers
Parents often have questions about how child support is calculated. Also, parents want to know if judges always use a formula or if exceptions are made. Other common questions are related to temporary support orders, split custody, and modifications. Go over the common questions and answers.
How is child support calculated?
In most cases, the court uses the Child Support Guidelines formula to calculate payments. First, the formula considers the income of both parents, alimony payments, and the number of children. Then, it determines how much money each parent would contribute if the relationship were intact. The formula then allocates an amount of money to each parent. Then, the non-custodial parent pays that amount in support.
Do the guidelines always apply?
The Child Support Guidelines apply to families that have up to six children. When more children are involved, the court can decide whether to use the guidelines. The court can also make exceptions in other cases when children might require more support. For instance, the court can modify the formula when parents must provide care for disabled children.
Is support available during the separation?
Children must receive financial support during the separation and after the divorce. Some parents choose to enter into a consent order agreement during the separation. Then, the non-custodial parent pays a set amount to the custodial parent. However, the court has to intervene in some cases. Custodial parents can file a notice of motion to get a temporary support order until the divorce is finalized.
What if parents split custody?
Parents often have equal parenting time. Still, a higher-earning parent might have to pay child support. Generally, one spouse has to pay a small amount. However, if there is a large disparity between incomes, the higher-earning spouse will have to pay more money. This ensures the child enjoys the same lifestyle in both homes.
Can support orders be modified?
If one parent has experienced a significant change in circumstances, they can file a child support modification motion. Then, the court can decrease or increase the amount of support. Some examples of extreme changes include job loss or an increase in needs for the child. If the judge agrees to the change, the court issues a new order.
Getting help with child support
While these are the common questions people ask, you might require additional information. A child support attorney can discuss your situation with you and provide answers to your questions. Then, you can move forward with the support order or modification. Once the order is in place, your child will receive the financial support necessary.
Call us at (732) 449-0449 for more information from Anthony J. Cafaro, P.C. or to schedule a consultation in our office in Sea Girt. NOTE: This is for informational purposes only and does not constitute legal advice.
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