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Understanding New Jersey Child Support Guidelines
Child support in New Jersey is calculated using the NJ Child Support Guidelines. To generate an appropriate child support figure based on those Guidelines, DeTorres & DeGeorge Family Law Attorneys will gather information from you – including the incomes of the parties, the parenting schedule and the cost of healthcare and daycare. The Guidelines calculation of child support is presumptively correct and must be used, assuming there is not already a separate agreement in place between the parties.
How Child Support is Calculated in NJ
Several key factors are considered when calculating child support in New Jersey. The parental income of both parents is a key component, encompassing not only wages and salaries but also bonuses, commissions, and other forms of income. Additionally, the number of children for whom support is being calculated directly impacts the final amount. The calculation also takes into account custody and parenting time, as the amount of time each parent spends with the children affects the costs of care. Other essential factors include healthcare costs, specifically the premiums for medical insurance for the children, and work-related childcare expenses. In some cases, other expenses like the cost of a college education or special needs may be considered on a case-by-case basis.
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Complex Child Support Questions Answered by Our Attorneys
Despite the relatively straightforward nature of the Guidelines, there are still many questions surrounding the child support calculation process that we can help you answer, including:
Does child support exist without divorce?
Yes, child support exists without divorce, but temporary custody must be decided prior to filing a petition for support.
Impact of Remarriage or New Spouse’s Income on Child Support
A new spouse’s income is not considered for child support because he or she has no legal obligation to provide support to the child.
Understanding the Elements of a Child Support Order
A child support order typically includes the amount to be paid to each child, how frequent the payments will be made, the manner of payment.
Healthcare and Medical Insurance for Children in Support Orders
In New Jersey, the cost of health insurance premiums for children is allocated between the parents based on the NJ Child Support Guidelines. The child support order should designate which parent will provide the medical insurance, and provisions for unreimbursed medical expenses.
Child Support Payments and Preventing Visitation
A parent cannot deny visitation because that parent is not paying child support. Child support and visitation are separate legal issues.
How is Child Support Enforced in New Jersey?
The payor’s wages are typically garnished, and then the County Probation Department receives the payment and distributes it to the custodial parent.
Tax Implications of Child Support Payments: Is Child Support Tax Deductible?
Child support is not considered income for the parent who receives it; therefore, it cannot be deducted as an expense by the payer.
Modifying Child Support in New Jersey: Substantial Change in Circumstance
As long as a substantial change in circumstance has occurred and the change is not something that was previously addressed, child support could be modified.
Child Support & Bankruptcy: Non-dischargeable Obligations
Federal law does not allow any child support or alimony payments to be discharged in bankruptcy. Child support and alimony are non-dischargeable obligations.
Is College Tuition Part of Child Support in New Jersey?
Although the NJ Child Support Guidelines do not apply to children attending college, there may still be a child support award in place, depending on all of the financial circumstances.
Why Choose DeTorres & DeGeorge for Your New Jersey Child Support Needs
DeTorres & DeGeorge Family Law understands that navigating child support issues can be a difficult and emotional process. Our dedicated team of New Jersey child support lawyers is committed to providing compassionate, knowledgeable, and effective legal representation. With us, you get more than just a lawyer; you get a steadfast advocate who will fight to ensure your child’s future is protected.
Experienced New Jersey Child Support Lawyers with Proven Results
With over 50 years combined experience, you can be confident in our knowledge of family law matters.
Our Dedicated Female Attorneys: A Compassionate Approach
We know your children are your number one priority. Our attorneys will work cooperatively with you to understand your needs and the needs of your children to achieve the very best result for your family.
As Your New Jersey Child Support Lawyers, We Support You & Your Family
For additional questions related to child support, or for help calculating child support, contact DeTorres & DeGeorge Family Law Attorneys to schedule a consultation.
For more information, please call us at 908-304-9679.
