Who Can File a Petition for Child Support in New Jersey?
Child support is a highly nuanced and fact-sensitive aspect of family law, and for parents and guardians trying to figure out what their obligations are or what they might be owed, the process can feel overwhelming.
Who can file for child support services?
If you are no longer with your child’s biological parent due to separation or divorce, you may qualify for child support. This is especially true if you are the parent with custody and/or if your financial resources are lesser than your former partner’s.
However, child support is not solely determined based on custodial arrangements or income level. Even if both parents spend equal time with the child, one parent may still be obligated to pay child support if there is a significant difference between the parents’ financial situations.
Marriage isn’t always a precursor to child support obligations. If paternity is established, a biological parent may be required to pay child support. Child support may also be required from non-biological parents, for instance, if the non-biological parent adopted the child or has acted as a psychological parent.
What does “establish paternity” mean?
In the case of a married couple, the presumption is that the husband or ex-husband is the father of the child. However, if the mother alleges that a man other than her husband may be the child’s father and wants to require the biological father to pay child support, she and the biological father should sign a Certificate of Parentage. Her husband should also sign an affidavit denying paternity.
If there is a dispute about paternity, the judge may order both men to undergo genetic testing.
In the case of an unmarried couple, if a man admits to being the father of a child and it’s not in question, no testing is needed. He may simply sign a Certificate of Parentage.
However, if a man denies that he fathered a child, a court may order genetic testing to determine the biological father of the child.
The Office of Child Support and Paternity Programs (OCSPP) has a program called POP (Parent Opportunity Program), in which a man who believes he is the father of a child can sign an acknowledgment of paternity. This has the same effect as a court order.
Sometimes, the OCSPP is called in when more than one man could be the child’s father. The process of testing begins within 90 days of locating the alleged father.
What determines who pays for child support, and how is it calculated?
There are numerous factors considered when determining who pays for child support, including:
- Parental finances
- Parenting time
- The age and number of children
- Work-related childcare costs
- Healthcare costs for the child or children
- Other child support obligations from previous relationships
No one factor is more important than the other; rather, the goal is to create a holistic picture of the family’s situation. However, income does play a uniquely important role in child support.
Income shares and child support in New Jersey
The popular presumption is that the parent who earns more money will pay child support. However, this isn’t universally true. New Jersey uses something called the Income Shares Model to determine how much a parent is responsible for, and the amount due is based on the income of both parents.
For example, if Parent A earns $50,000 a year and Parent B earns $75,000 a year, their combined income is $125,000. That would make Parent A responsible for 40% of the total child support amount and Parent B responsible for 60%.
These situations have further nuance, though, because we must account for parenting time and custody. When a parent has sole physical custody, the non-custodial parent pays their obligation. However, when parents have shared custody, the child support guidelines have to account for the fact that both parents pay child-related expenses.
Steps involved in filing for child support
There are two ways someone can apply for child support in New Jersey:
- File through the Department of Human Services
- File with the help of an attorney
When you apply through the Department of Human Services, you typically have to pay a $6 application fee. While this may seem like the most affordable route to go, remember that the Department of Human Services is a large agency with longer, less personalized timelines. Getting answers to your questions can be a frustrating experience, especially when matters are time-sensitive.
On the other hand, you can work with an experienced child support attorney. They can help you fully consider your needs and think through future scenarios. For example, if your child is in middle school, how will car insurance be paid for? What are the plans for paying for college? What about their extracurricular activities?
The right attorney can help you address all these questions.
We can work with you to secure a fair child support agreement in your divorce settlement, including by addressing questions about receiving support while your child is in college and unable to work full-time.
We also work with parents to file for temporary child support so that they can receive support during the divorce process. After all, time doesn’t stand still, and neither do the costs of raising children.
For unmarried parents, we can also help with applying for and receiving child support outside of the divorce process, in what are known as non-dissolution (or “FD”) proceedings.
Things to think about before you represent yourself in court
Representing yourself in court is always a bad idea. In cases where your child’s welfare is at stake—and child support is the right of the child, not the prerogative of a parent—hiring a skilled attorney is the best way to secure a positive outcome.
Here are some excellent reasons for hiring an attorney to handle child support petitions:
- Personal liability for mistakes: Without an attorney, you bear full responsibility for any errors.
- Expertise for optimal outcomes: A skilled attorney leverages in-depth legal knowledge to secure the best possible results.
- Judicial preference for professionals: Judges appreciate working with attorneys to ensure a smoother, more efficient process.
Consult with an attorney
At the law firm of Dughi, Hewit & Domalewski, our experienced family law attorneys can guide you through the child support system because we know child support cases, particularly child support enforcement.
We take a client-centered approach to representation and always work collaboratively to achieve the best possible outcome, including in the filing of child support petitions and modifications. Contact us today to learn more.
