Child Support
New Jersey Child Support
Child Support is a complicated process in New Jersey. There are many things that you should know prior to filing an application to receive child support or filing an application to modify the current arrangement. The next few pages provide a lot of helpful information that will help you deal with the process!
Things Are Not Always As Simple As They Seem!!
I can’t tell you how many times I have had someone come in to the office an tell me they want to modify their child support, that the other parent is making more money and it has been several years since the last adjustment. Well, be careful what you wish for. Many times people file for a modification on their own and end up with less then they had before they walked into the Courtroom. Talk to a professional to find out if a modification will really improve your financial situation.
Child Support Guidelines
New Jersey uses the state approved Child Support Guidelines to calculate support. This is not to say that people can make agreements outside of the guidelines, but they are the starting point for child support.
The most important thing to understand is that the Guidelines are based on net income. Essentially, the guidelines take both parents’ income added together to chart a weekly amount that should be expended on the children. This appraoch makes sense because parents who make a combined $75,000 per year cannot pay the same amount as parents who make a combined $150,000 per year. But which expenses in your weekly budget can be attriuted to your children?
The answer to that question is: almost all! Almost every expense you incur is increased when you have children. The guidelines take into account everything from your mortgage, rent, and utilities, to the money the kids need for the movies.
Check out the divorce blog to get more detailed information on the in’s and out’s of the New Jersey Child Support Guidelines.
Philosophy of the NJ Courts Child Support Guidelines. The guidelines were developed to provide the court with economic information to assist in the establishment and modification of fair and adequate child support awards. The premise of these guidelines is that (1) child support is a continuous duty of both parents, (2) children are entitled to share in the current income of both parents, and (3) children should not be the economic victims of divorce or out-of-wedlock birth. The economic data and procedures of these guidelines attempt to simulate the percentage of parental net income that is spent on children in intact families. While it is acknowledged that the expenditures of two-household divorced, separated, or non-formed families are different from intact family households, it is very important that the children of this state not be forced to live in poverty because of family disruption and that they be afforded the same opportunities available to children in intact families with parents of similar financial means as their own parents.
The law in New Jersey is always focused on the children and making sure their needs are met. Often times this can come at the expense of one parent or the other. If you are having a difficult time paying your support or collecting it, there are options. Filing a motion with the Court may get you the relief you need if you can present the right information. Call the office today for an initial consultation.