Experienced Child Support Attorneys in New Jersey
In New Jersey, it is well-established that both parents have a legal obligation to financially support their children until the children’s emancipation. While parents are married and living with their children, this obligation rarely becomes an issue. However, a divorce typically requires the parties (or the court) to set an appropriate level of child support for the children.
When a divorce takes place, one parent is typically designated as the “parent of primary residential custody” (or the “PPR”) and the other parent is designated the “parent of alternate residential custody” (or the “PAR”). Child support is typically paid by the parent of alternate residential custody, although there are some exceptions (for example, if the parent of primary residential custody earns significantly more income than the parent of alternate residence).
Every state has adopted its own set of child support guidelines or factors that are applied to divorcing parents or for children born to unwed parents. Support amounts are dependent upon various factors outlined in the state’s child support guidelines. A New Jersey child support lawyer at our firm can guide you through the process of calculating what the child support amount is likely to be for your situation.
How is the amount of child support determined?
New Jersey has an established guide (or formula) often called the Child Support Guidelines. For parents with a combined net income the calculation is pretty simple. Each parent’s income and parenting time with the child is entered and a weekly child support figure is calculated. Unless the parents independently agree to utilize a different child support figure, the court will generally order the parent of alternate residential custody to pay child support in the amount determined by the Child Support Guidelines.
High Income Child Support Cases
For parents with combined net income in excess of $187,200 per year, the determination of the amount of child support requires a deeper analysis. In those cases, litigants must consider the guidelines for “Extreme Parental Income Situations” as well as a series of statutory factors contained at N.J.S.A. 2A:34-23(a), which include:
- (1) Needs of the child(ren);
Enforcing and Modifying Child Support Orders
The child support order will generally specify the time of the month when a support payment is due. If payments are not made according to the schedule, there are a variety of enforcement methods that can be utilized. An experienced child support lawyer at our firm can review your situation to identify the various legal alternatives available under New Jersey law to help you secure the money your child is owed.
Under certain circumstances, a child support order may be revisited on a modification basis to increase or decrease the amount of payments. In New Jersey, either parent that experiences a substantial change in circumstances can request a modification of the child support obligation. Upon the filing of a motion for modification of the support order, the court will carefully review the situation to determine whether the circumstances warrant a modification. It is important to understand that the parent requesting the modification must demonstrate that the change is substantial, permanent and unanticipated. While there are many changes in circumstances that can warrant an adjustment, some of the most common events include the loss of a job, securing a higher paying job, major health issues and changes to parenting time.
Contact the New Jersey Child Support Lawyers at Einhorn Barbarito
Child support can be a complex and stressful issue. If you have questions about calculating or enforcing child support payments or think your change in circumstances may require a modification of an existing child support order, contact an attorney at Einhorn Barbarito today. Our New Jersey child support lawyers can answer your questions and help you pursue the best course of action for you and your children.Print PDF
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