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.
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, but temporary custody must be decided prior to filing a petition for support.
- If a parent remarries, how is the new spouse’s income viewed for 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.
- What are the primary elements of a support order?
The amount to be paid to each child, how frequent the payments will be made, and the manner of payment.
- What about medical insurance for the children?
In New Jersey, the cost of health insurance premiums for children is allocated between the parents based on the NJ Child Support Guidelines.
- Should support payments stop if visitation is being prevented?
A parent cannot deny visitation because that parent is not paying child support.
- How is 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.
- 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.
- Can child support be modified in New Jersey?
Yes, as long as a substantial change in circumstance has occurred and the change is not something that was previously addressed.
- If the paying spouse files for bankruptcy, is he or she obligated to make support payments?
Yes. Federal law does not allow any child support or alimony payments to be discharged in bankruptcy.
- Is college tuition a 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.
For additional questions related to child support, or for help calculating child support, contact DeTorres & DeGeorge Family Law Attorneys to schedule a consultation. 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.
For more information, please call us at 908-304-9679.