Dividing your family’s finances is inevitable after divorce, but economic hardship does not have to be.
In either situation, a knowledgeable NJ child support lawyer can help.
From poor nutrition to an increased risk of anxiety and depression—financial instability due to lack of child support jeopardizes your child’s wellbeing. At Dughi, Hewit & Domalewski, our mission is to help you protect your child, today and in the future. Our experienced family law attorneys can guide you and your co-parent toward a fair and equitable child support agreement.
Contact Dughi, Hewit & Domalewski now to learn how New Jersey’s child custody and child support guidelines protect your family.
How Is Child Support Calculated In New Jersey?
In New Jersey, child support matters are heard by a judge or hearing officer in the parents’ local Family Court.
The state’s official Child Support Guidelines provide basic legal scaffolding to begin child support calculations, but child support orders can vary significantly based on your family’s unique financial situation and the perception of your judge or hearing officer.
Speak with an experienced family law attorney today about how to understand your potential child support obligation and make sure you can fulfill it.
Understanding the Shared Income Model
New Jersey is one of many states that base child support payments on the shared income model. Family Court heavily considers this concept when determining the details of child support orders.
The shared income model suggests minimum child support payments based on:
- Parents’ combined net income
- The proportion of parenting time
- The amount of money each parent would likely spend to support the child if not for the breakup
The model intends to ensure that both the custodial and noncustodial parent dedicate an appropriate amount of funds to supporting the child, with each parent paying the portion of care expenses that is proportional to their income.
Do you have questions about child support calculation in New Jersey? Contact the experienced child support attorneys at Dughi, Hewit & Domalewski.
Does it matter if the parents were married?
New Jersey’s child support guidelines apply to all couples regardless of marital status, as long as legal paternity has been established.
The court often awards child support during divorce proceedings, but divorce is not the only occasion for which Family Court issues child custody and child support orders.
It’s the responsibility of both parents to provide financial support to their children, whether they are in a committed romantic relationship or not. Even if you have never been married, you can still petition the court for child custody or child support.
How is legal paternity established for child support?
If both parents agree about the child’s paternity, the father can sign a voluntary acknowledgment document. If the parents don’t agree, establishing paternity is still possible, but it becomes more complex.
If either parent disputes paternity, the court may order genetic testing to confirm a biological relationship between the parent and child. If paternity is confirmed, the next step is developing a child support order to determine the proper amount of child support for your family.
Let our compassionate NJ child support lawyers walk you through filing a non-divorce application for child support.
Our Family Attorneys Can Help You Navigate This Sensitive Time
Sometimes, romantic relationships come to an end, but your child’s standard of living shouldn’t suffer because the couple decides to split.
Remember, child support orders are more than a set dollar amount each month. Your child’s health, happiness, and future depend on receiving adequate financial support from both parents.
At Dughi, Hewit & Domalewski, we’re dedicated to helping parents with child support issues so you can see your child thrive. We represent parents who:
- Have been ordered to pay excessive child support payments
- Need to establish child support after separation
- Currently receive no child support payments, even though the court has ordered them
- Require modification of existing child support orders
- Want to learn more about child support calculation in New Jersey before separation
Contact an NJ Child Support lawyer today to begin working toward a fairer financial solution for your family.
New Jersey Child Support FAQs
Do I need an NJ child support lawyer if the other parent volunteers to pay child support?
Even if you and your co-parent mutually agree on the frequency and child support payments, we recommend you seek legal guidance. A legally binding child support order protects your child’s standard of living in the event that one parent neglects their child support obligation in the future.
Does child support end when my child turns 18?
Unless a court order specifies different conditions for the child support to stop, it is terminated automatically when the child turns 19. If the custodial parent can prove that a child is still disabled, still in high school, or enrolled full-time in post-secondary education, child support may continue longer.
Who is the custodial parent?
The custodial parent has over 50% physical custody of the child and has filed for child support services. The custodial parent may be a mother, father, grandparent, relative, or another legal guardian.
Who is the noncustodial parent?
The noncustodial parent has less than 50% physical custody of the child. Typically the noncustodial parent pays child support because the custodial parent usually has more care expenses while caring for the child.
What does “child support arrears” mean?
“Child support arrears” is a legal term for unpaid or past-due child support.
If a noncustodial parent does not pay child support in a given month, they will continue to owe that money the next month, on top of regular child support payments. If left unchecked, the amount of money owed can quickly become unmanageable.
What if the noncustodial parent is persistently unable to uphold the child support order?
If the noncustodial parent refuses or cannot fulfill their child support obligation, they could face legal penalties, depending on the number of missed payments.
These potential legal penalties include:
- Arrest and incarceration
- Credit reporting
- Income removed from paycheck automatically
- Interception of tax refunds
- Suspension of driver’s license or other professional licenses
- Suspension of passport renewal and application privileges
- Seizure of assets
How does Family Court determine a parents’ net income for the shared income model?
To determine gross income, the court looks at all recurring income for each parent, including but not limited to:
- Alimony
- Bonuses
- Disability payments
- Gains from businesses
- Gambling winnings
- Interest and dividends
- Profit from selling property
- Regular compensation
- Severance pay
- Social Security income
- Tips
- Unemployment benefits
- Veterans Administration income
- Worker’s compensation
To determine net income, the court subtracts certain payments and financial duties from each parent’s gross income, such as taxes, alimony, financial support for other children, and union dues.
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