Regardless of fault, either parent could be ordered to pay child support in New Jersey. The courts consider a number of factors when determining child support. Consideration is given to the particular needs of the child, the financial resources and standard of living,age, health and earning power of each parent as well as a number of other factors. The New Jersey child support guidelines are followed unless the parties reach an agreement otherwise.
Typically the court sets the amount of child support using the Child Support Guidelines. This amount is based on the income of both parents and the average amount they would have spent on the children if they have remained together.
The law requires that child support payments be automatically deducted from the non custodial parents paycheck through income withholding. And those types of cases the employer will send a check directly to the child support agency which then pays the custodial parent. There are exceptions and situations where a judge might order that child support be paid in some other way. Income withholding can also be applied to Social Security benefits, disability payments and unemployment benefits.
How long will it take to start receiving payments?
This depends on your particular circumstances. Establishing a child support order generally takes less than 90 days and payments will start about two weeks after the order has been entered providing that the noncustodial parent makes payments in compliance with the order. There are a number of factors that can delay the entry of a child support order. For example, if paternity must be established the process can take longer.
Can child support be changed?
In order to make a change to a prior child support order papers must be filed with the court asking for hearing. One petition for the change will need to prove that there’s been a change in their financial situation which warrants a change in the sport order. More recent child support orders are subject to a cost living adjustment (COLA) and they can increase without a hearing in certain situations.
What if my ex isn't paying child support?
When there is a child support order and support isn’t being paid probation will take steps to enforce the order. This may include seeking to withhold payment from tax refunds or wage garnishment. A delay may also be put on the non custodial parents property or bank accounts.
When does child support stop?
In New Jersey there is no set age when child support stops. When the child turns 18 one of the parents must file papers for the court petitioning for modification or termination of the child support order. The court will determine whether the child still need support from the parents. There are cases when child support will be ordered to continue through college.
For more information about child support in New Jersey please contact Laura D’Orsi today at (732) 741-3121 or click here to schedule a confidential consultation and learn more about your options