Once all of the factors of custody have been decided, the monetary aspects of child support come next. According to the U.S. Census Bureau, approximately two-thirds of custodial parents who were due child support received some payments from noncustodial parents. How child support gets decided is based on a formula as well as other factors, including the custody arrangement. If you are a parent who is looking to establish a child support arrangement or modify an existing one, having experienced attorneys in your corner can help.
At Schwartz, Hanna, Olsen, & Taus, P.C., we have a combined 80 years of experience in providing individuals and businesses with knowledgeable and strong representation. If you’re located in the New Jersey areas of Middlesex, Somerset, Morris, Passaic, Essex, and Bergen Counties, or anywhere else in the state, our team is ready to help. We can advise you of the legal options at your disposal and how to best employ them.
Call us at Schwartz, Hanna, Olsen, & Taus, P.C. to schedule a free consultation to discuss your situation.
Family law is governed by the laws of the state, including child support and its related matters. In New Jersey, child support guidelines are determined by court rule 5:6A. This rule looks at the percentage of parenting time that you have with your child and your gross income.
The judge will determine the standard of well-being for the child. The goal is to keep the child’s quality of life the same as it was before the divorce. When determining the amount owed for child support, various factors will get looked at, such as:
The economic circumstances of each parent
The needs of the child
The income and assets of each parent
The earning capabilities of each parent
The debts and liabilities of each parent
The judge will take a holistic look at these factors as well as whether you are the custodial or noncustodial parent in determining the amount of money that is owed to the other parent.
Imputed income is an interesting concept. Sometimes, one of the parents may not be working or may be earning less than they are capable of earning so that they don’t have to pay child support. If it seems like a parent is voluntarily underemployed or unemployed without just cause, the court will impute income to that parent.
Imputed income is based on three factors:
The potential employment that the parent has in skills and experience
A review of the past work history of the parent
A review of the Department of Labor Wage Survey
Imputing income acts as a protection for both the child and the parent who will be receiving child support.
If you have an existing child support arrangement in place, it can be modified. In order to request a modification, you must be able to show a change in circumstances. These changes must be permanent, substantial, and unanticipated. There are various events that are considered a change, such as the loss of a job, one of the divorced parents getting married, or a shift in living situation.
If you are the custodial parent and are having problems making ends meet with the amount of child support you are receiving, or if you are the noncustodial parent and are having problems making child support payments, a modification is something that can be brought to the judge.
Termination of child support can happen with certain life events. A child support agreement is automatically terminated when your child marries, dies, enters military service, or turns 19. There are some exceptions to this rule, such as if the child is still in school (either high school or college) or if they have a disability.
A child support lawyer can help you navigate this time and help ensure that the arrangement that gets decided works best for you and your family. Our firm serves clients in the New Jersey areas of Middlesex, Somerset, Morris, Passaic, Essex, and Bergen Counties. Call Schwartz, Hanna, Olsen, & Taus, P.C. today to schedule a free consultation.