Middlesex County Child Support Lawyer
Child support is an essential aspect of family law in New Jersey. It is designed to provide financial assistance to children following a divorce or separation. The court determines child support payments based on several factors, including income, the number of children, and the child’s needs. These payments are vital for maintaining a child’s quality of life after the parents no longer live together.
At Thakkar Family Law, Middlesex County child support lawyer Megha R. Thakkar understands how important it is for parents to feel confident about their child support arrangements. Calculating and enforcing child support may seem overwhelming, but it is essential to be fully informed of your legal rights and responsibilities.
How Is Child Support Calculated in New Jersey?
New Jersey uses the “income shares” model to calculate child support. This model considers both parents’ income, with the idea that the child should benefit from the same proportion of parental income as if the family had remained intact. The court considers the gross income of both parents and uses established guidelines to calculate the support amount.
The formula also factors in the costs of healthcare, childcare, and the number of overnights the child spends with each parent. Additional considerations, such as any special needs the child may have, could affect the final child support order. Both parents are required to disclose their financial information fully, and failing to do so can result in court penalties or inaccurate child support amounts.
What Happens if One Parent Does Not Pay Child Support?
If one parent fails to pay child support, the other parent has the legal right to seek enforcement through the court. Middlesex County courts take non-payment of child support seriously. They can impose measures like wage garnishment, seizure of tax refunds, suspension of a driver’s license, or even jail time.
Parents struggling to meet their child support obligations should address the issue with the court rather than simply stop paying. A modification request can be filed if there is a significant change in circumstances, such as job loss or a decrease in income. The court may adjust the support amount to reflect the new financial reality, but until that happens, the current order remains in effect. Our Middlesex County child support lawyer can advise you on these matters.
How Long Does Child Support Last?
In New Jersey, child support typically lasts until the child reaches the age of 18. However, support may continue beyond that age in certain circumstances. If the child is still in high school, attending college, or has a disability that prevents them from becoming financially independent, the court may extend the duration of child support.
Parents can agree on an end date for child support, but the court has the final say in determining when support should stop. If circumstances change before the child turns 18, the paying parent may request a termination of child support.
How Is Child Support Enforced in New Jersey?
The New Jersey Probation Division oversees child support enforcement to ensure compliance with court orders. If a parent falls behind on payments, the Probation Division can initiate enforcement actions like wage garnishment, interception of tax refunds, and reporting to credit agencies.
In more serious cases, the court may suspend the delinquent parent’s driver’s or professional licenses or even order incarceration for non-payment. The goal is to compel the parent to fulfill their financial obligations rather than punish them.
Can I Request Child Support for Unmarried Parents?
Yes, unmarried parents have the same rights and obligations regarding child support as married parents. The court will establish paternity through voluntary acknowledgment or a paternity test before issuing a child support order. Once paternity is confirmed, the court will calculate child support based on the same guidelines used for married parents.
Our Middlesex County child support lawyer also works with unmarried parents. The goal remains to provide financial support to the child, regardless of the parents’ marital status. Both parents are responsible for contributing to the child’s well-being, and the court‘s goal is for the child to have appropriate financial support.
Can Child Support Be Used for Expenses Other Than Necessities?
Child support is intended to cover a wide range of expenses related to raising a child. While basic necessities such as food, shelter, and clothing are included, child support can also be used for:
- Educational expenses
- Extracurricular activities
- Medical care
- Other costs that contribute to the child’s overall well-being
The custodial parent is generally responsible for managing the support payments and allocating them appropriately. If there is concern about mismanagement of funds, the non-custodial parent can bring the matter to court, though such cases are rare.
How Can I Apply for Child Support in Middlesex County?
To apply for child support in Middlesex County, you will need to file a complaint with the Family Division of the Superior Court. You will be required to provide detailed information about your financial situation and the other parent’s income, if available. The court will then use the information to calculate an appropriate support amount based on state guidelines.
After the complaint is filed, a court hearing will be scheduled, during which both parents will present their financial information. If the court finds child support necessary, it will issue an order detailing the amount and payment schedule.
