Determining Child Support Can Be Difficult; We Can Help
Child support is the amount of money one parent must pay the other to care for the basic needs of his or her children. All parents in New Jersey, married or unmarried, must contribute to the support of their children. How much they contribute is based upon a formula established by the state and explained in the New Jersey child support guidelines.
Our experienced family law attorneys at Lofaro & Headley, LLC, in Hoboken, New Jersey, can help you navigate the complex child support laws and other family-related legal needs. If you are the recipient of child support payments, we ensure that you receive the full amount you deserve to maintain the lifestyle your children had before your divorce. If you are paying support, we protect you from overpayment.
What Does The Court Consider?
When awarding child support, the court considers many factors. These include:
- The needs and age of the child
- The standard of living, sources of income and assets of each parent
- The educational requirements and academic needs of the child
- Any income sources or potential earning capacity of the child
- Existing support obligations for other dependents or children from previous relationships
- The financial obligations, debts, and liabilities carried by each parent and the child
- Additional pertinent circumstances and considerations relevant to the case
It also considers each parent’s capacity to earn. This includes factors such as educational background, professional experience, skills, training credentials, caregiving obligations for children, and opportunities to pursue further education or career development.
It is important to remember that New Jersey child support is your child’s right. If you are not receiving court-ordered child support payments, we will go to court to enforce payment. We have specialists who can accurately assess the income of a self-employed individual or entrepreneur, or uncover hidden assets that a parent may not have declared.
How Child Support Is Calculated In New Jersey
New Jersey uses specific guidelines to calculate child support amounts. The court applies a formula based on both parents’ combined net income and the number of children. The guidelines include different worksheets depending on your parenting arrangement. The sole parenting worksheet applies when one parent has the child most of the time. The shared parenting worksheet applies when each parent has significant time with the child.
The calculation considers several income sources and expenses:
- Gross income from all sources (salary, bonuses, commissions, overtime)
- Self-employment income and business profits
- Health insurance costs for the children
- Child care expenses necessary for work or education
- Support obligations for other children
The court can deviate from the guidelines in certain situations. Judges consider the child’s special needs, extraordinary expenses or significant income differences between parents. At Lofaro & Headley, LLC, we ensure accurate income calculations and identify all relevant factors that affect your child support amount. Wayne Headley and Lawrence Lofaro work together to review financial documents and challenge inaccurate income reporting when necessary.
Enforcing Child Support Orders
When a parent fails to pay court-ordered child support, several enforcement options exist. New Jersey takes child support obligations seriously and provides multiple tools to collect unpaid support. The Probation Services enforcement unit can take action on your behalf once you report nonpayment.
Common enforcement methods include:
- Wage garnishment that takes money directly from the parent’s paycheck
- Suspension of driver’s licenses and professional licenses
- Interception of state and federal tax refunds
- Reporting to credit bureaus which damages credit scores
- Contempt of court charges that can result in jail time
We help you pursue enforcement when a parent refuses to pay. Our team files the necessary motions and represents you in court proceedings. We also work with forensic accountants to uncover hidden income or assets when a self-employed parent underreports earnings. Consistent enforcement protects your child’s right to financial support and holds nonpaying parents accountable.
At what age does child support typically end in New Jersey?
In New Jersey, child support obligations generally end automatically when a child turns 19, though a parent may petition to terminate them at 18 if the child is already emancipated. Support can be extended up to age 23 if the child is in school full-time or has a disability. However, all support typically ends at age 23 unless the child has a severe, pre-existing disability that prevents self-sufficiency.
Can child support orders be changed if a parent moves out of New Jersey?
If one parent remains in New Jersey, New Jersey courts usually keep exclusive power to change the order. The new state can help collect the money, but it generally cannot change the amount unless both parents agree or everyone has left New Jersey. This can be a complex legal issue, so it’s important to seek legal advice.
What happens if a parent refuses to allow visitation with the child? Does that affect child support obligations?
No, a parent’s refusal to allow visitation does not automatically affect the other parent’s child support obligation. Child support and visitation are separate legal issues. The parent who is being denied visitation can pursue legal action to enforce their visitation rights, but they cannot withhold child support payments as a result. Withholding child support can lead to serious legal consequences.
Call Today To Discuss Your Options
If circumstances change that impact the financial needs of your children, we can help you obtain a child support modification. Call our office at 201-467-4020 or email us to schedule a free consultation with our Hoboken child support lawyers.