About Child Support Law in New Jersey, United States
Child support in New Jersey is a legal obligation that ensures the financial well-being of children whose parents are divorced, separated, or unmarried. New Jersey courts establish child support to make sure that both parents contribute financially to the upbringing and care of their children. Support orders typically continue until the child turns 19, but they may last longer under certain circumstances, such as if the child is still in high school or has a disability. The amount of support is determined based on the New Jersey Child Support Guidelines, which take into account the income of both parents, the needs of the child, and other relevant factors.
Why You May Need a Lawyer
Dealing with child support can be complex, and there are several situations where it is beneficial to seek legal help. Some common scenarios include:
- Disputes over the amount of child support to be paid or received
- Requests to modify an existing child support order due to changes in income, employment, or the needs of the child
- Failure of a parent to pay court-ordered support
- Difficulty locating the other parent or establishing paternity
- Understanding your rights and obligations under New Jersey law
- Enforcement actions, such as wage garnishment or interception of tax refunds
- Addressing special circumstances, such as supporting a child with special needs or dealing with out-of-state orders
A lawyer can help you navigate the legal process, represent you in court, and ensure that your and your child's interests are protected.
Local Laws Overview
New Jersey child support law is governed by both state statutes and court rules. Key aspects include:
- The use of the New Jersey Child Support Guidelines to calculate support, which considers both parents' incomes, parenting time arrangements, health insurance costs, and child care expenses
- Automatic withholding of child support from the paying parent's wages in most cases
- Changes to child support orders can be requested if there is a significant change in circumstances, such as loss of employment, substantial increase or decrease in either parent's income, or a change in the child's needs
- Support can continue past age 19 if the child is still enrolled in high school, attending college full-time, disabled, or if the parties agree otherwise
- Enforcement measures include wage garnishment, interception of tax refunds, suspension of driver's or professional licenses, and even jail time for chronic nonpayment
- Paternity must be established before support can be ordered when parents are unmarried
- Child support is separate from child custody, but the amount of parenting time can affect the support calculation
Frequently Asked Questions
How is child support calculated in New Jersey?
Child support is calculated using the New Jersey Child Support Guidelines, which consider the income of both parents, number of overnights with each parent, costs of health insurance and child care, and the number of children being supported.
Can child support be changed after it is set?
Yes, either parent can ask the court to modify child support if there is a significant change in circumstances, such as changes in income, employment status, or the needs of the child.
What happens if the paying parent does not pay child support?
Failure to pay can result in enforcement actions such as wage garnishment, property liens, interception of tax refunds, suspension of licenses, and in some cases, jail time.
Does child support automatically end when my child turns 18?
No, in New Jersey, child support typically continues until the child is 19, or longer if the child is still in high school, attending college full time, or is disabled.
Do child support payments cover college expenses?
New Jersey courts can require parents to contribute to college tuition and related expenses, but these costs are not automatically included in the base support calculation and may require a separate court order.
Can I collect child support if we were never married?
Yes, unmarried parents can seek child support, but paternity may need to be established legally before a support order is issued.
How do I establish paternity in New Jersey?
Paternity can be established voluntarily by both parents signing a Certificate of Parentage or through a court order and DNA testing if necessary.
Will child support payments stop if the paying parent loses their job?
The paying parent is still obligated to pay child support unless the court modifies the order. If there is a job loss or reduction in income, it is important to promptly request a modification through the court.
Can a child support order be enforced if the other parent lives in another state?
Yes, New Jersey child support orders can be enforced in other states through federal and state cooperation, under the Uniform Interstate Family Support Act.
Do both parents have to contribute to child support?
Yes, both parents are expected to contribute to the financial support of their child. The specific amount each parent pays depends on their incomes and relevant expenses.
Additional Resources
- New Jersey Department of Human Services - Division of Family Development, Office of Child Support Services
- New Jersey Judiciary - Child Support Section
- Legal Services of New Jersey
- County Family Courts
- New Jersey Child Support Hotline: 1-877-NJKIDS1
- American Academy of Matrimonial Lawyers - New Jersey Chapter
Next Steps
If you need legal assistance with child support in New Jersey, consider taking the following steps:
- Gather documentation related to your financial situation, your child's needs, and any existing court orders
- Contact your local county Family Court or the New Jersey Office of Child Support Services for guidance
- Consult with a qualified family law attorney who specializes in child support matters to discuss your rights, obligations, and the options available for your specific situation
- If you have a low income, you may qualify for free or reduced-cost legal help through Legal Services of New Jersey or your county legal aid office
- Prepare for your consultation by writing down your questions and concerns
- Follow all court orders and deadlines, and ensure you notify the court of any changes in your circumstances
Taking timely action and seeking professional advice can help protect your interests and ensure the best outcome for your child.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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