Generally speaking, Child Support is paid to the custodial parent (the parent who has physical custody of the children) by the non-custodial parent.
A law enacted in 2017 states that all children are automatically emancipated at the age of 19. However, if the child is still in high school, college, or graduate school, child support can be extended until the age of 23.
In the State of New Jersey, Child Support is calculated using the Child Support Guidelines which take into consideration each parties’ gross income, amongst other factors.
Yes. If you have an existing Family Court Order concerning Child Support or Custody, we will incorporate the terms Ordered by the Family Court into your Judgment of Divorce. This will serve to continue any existing Order of Custody or Support that had been previously issued by the Court. We will, of course, need to include a copy of any such Order(s) in your divorce filings.
Yes, the child(ren) will be eligible for support so long as they are enrolled in high school, college, or graduate school until the age of 23.
If your child is legally emancipated, that is, your child is financially independent, lives on his or her own and you do not claim this child on your tax return, you will not be able to seek support for this child even if he or she is under the age of 21.
Child support may be paid weekly, bi-weekly (every two weeks) or monthly depending on the parties' preferences. Child support may be paid directly to the custodial parent by check or money order or through the Child Support Services of the Probation Department of New Jersey in your specific County. If you opt for child support to be paid through Child Support Services, the payor spouse may have his or her Child Support obligation deducted (if employed) from his or her paycheck on a weekly or bi-weekly basis. Child Support funds are then forwarded to the Probation Department of New Jersey by the payor's employer and the payee spouse will receive regular child support payments through the Probation Department of New Jersey.
In the case of self-employed parties, establishing child support income can be tricky because of how self-employed individuals receive income distributions or how they calculate their actual earnings. The income stated on self-employed individual's tax return is not always an accurate representation of their actual earnings. Unless you and your spouse are willing to impute (agree on a reasonable amount as and for income), you will need to consult with our legal team in order to arrive at an accurate figure for purposes of calculating Child Support.
Yes, the New Jersey Child Support Guidelines includes the support paid for another child into the formula to help determine the appropriate amount of support that needs to be paid.
Yes. Spousal support paid to your spouse will reduce your Child Support income dollar for dollar such that your income will be reduced by the amount actually paid for spousal support prior to calculating a Child Support obligation.
Each of these expenses can be negotiated between the parties with the exception of the first $250 out of pocket medical expenses. Usually the custodial parent is solely responsible for the first $250 of out of pocket medical expenses.
Usually, the courts will impute income to the unemployed party. Every year, the State will decide what the minimum amount to be imputed is based on what minimum wage comes out to be for a person working full time.
No. Child Support is a right and entitlement that belongs to the minor Child or Children and, therefore, cannot be waived entirely by the parties even if they agree to waive their rights.
Yes. Order of the Court establishing support for children needs to be addressed as part of the divorce.
