Child Support in New Jersey: Understanding Your Rights and Obligations

If you’re facing child support issues in New Jersey, it’s essential to understand how the state’s laws determine the amount of child support and when adjustments can be made. A family lawyer in New Jersey can guide you through the complexities of these cases, ensuring that your child’s needs are met while also considering your financial capabilities. At the Law Office of Valerie Hemhauser, we will carefully review your financial situation to help you obtain a fair and proper support order.

The importance of having a Family Lawyer in New Jersey represent you in your Child Support case starts with helping you understand how Child Support is calculated.

Child support is primarily governed by the New Jersey Court Rules 5:6 et. seq. and, in certain situations, N.J.S.A. 2A:34-23. These guidelines provide a presumptive amount of support, making them the standard calculation method in both contested and uncontested child support cases. Unless a party can show special circumstances, the amount calculated based on these guidelines is typically considered the appropriate child support figure. However, New Jersey courts have the discretion to adjust the guideline-based child support award if there is “good cause”.

Statutory Factors in Child Support Determination in New Jersey

If the New Jersey child support guidelines do not apply or are rebutted, the court will consider a set of statutory factors when determining child support. These include:

• Needs of the Child: Basic needs such as healthcare, education, and extracurricular activities.
• Economic Circumstances of Each Parent: The income and financial situation of both parents. This can include actual income or imputed income.
• Income and Assets of Each Parent: All sources of income, including wages, investments, and assets.
• Earning Ability of Each Parent: The ability of each parent to earn, factoring in work experience, education, and custodial responsibilities.
• Educational Needs of the Child: Both primary, secondary, and higher education requirements.
• Age and Health of the Child and Parents: Consideration of physical and emotional health of the child and each parent.
• Income and Assets of the Child: In some cases, a child’s own income can affect support determinations.
• Other Dependents: Financial responsibility to other dependents or children.
• Debts and Liabilities: Reasonable debts of parents or children can be factored into support calculations.
• Other Relevant Factors: The court retains discretion to include additional relevant circumstances.

Child Support for Mentally or Physically Disabled Children in New Jersey

Child support obligations may extend beyond a child’s age if the child has a severe physical or mental disability. If your child is dependent on you due to such a disability, the child support obligation may not terminate simply because your child has reached adulthood. In such cases, a family lawyer in New Jersey can help ensure that your child’s needs continue to be met, and that appropriate arrangements, such as a trust, are made for the child’s long-term care and financial support.

Modifying Child Support

If you need to modify an existing child support order due to changes in circumstances, a child support attorney in New Jersey can assist you in determining whether there is good cause for any child support modification and advocate on your behalf. In these cases, the party requesting the modification must prove that circumstances have changed permanently and substantially, such as a change in income, employment, or custodial arrangements.

Key Takeaways for Families in New Jersey

• Child support in New Jersey is based on state guidelines but can be modified if a party proves good cause.
• Various statutory factors are considered in determining child support, including the parents’ financial situation, the needs of the child, and other relevant circumstances.
• Special provisions exist for children with physical or mental disabilities who may require extended support.

Contact Us Today

If you’re involved in a child support case, having a family lawyer knowledgeable in child support in New Jersey by your side is essential for a fair and accurate resolution. Call our Monmouth County child support attorney, Valerie Hemhauser, at (732) 842-9993 today or fill out the online contact form to schedule a free consultation.

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