New Jersey has adopted, and our Courts use, the New Jersey Child Support Guidelines to determine the appropriate child support to be paid by non-custodial parent to the custodial parent. The public policy behind compelling the payment of support, is that every child has the right to share in the combined income of both of his or her parents, as well as their good fortune. Both parents have an obligation to contribute towards the food, clothing, shelter, reasonable transportation costs, health insurance, as well as unreimbursed health care expenses and reasonable entertainment expenses for their children.
Child Support Guidelines
Child support is compelled whether the parties are married or not. The law treats the fact that the child’s parents are separated or divorced, the same as if parents are together. The Child Support Guidelines formulate a support number through use of a computer based program that inputs certain information to come up with a guideline amount. The incomes of each party, including alimony that is paid to one spouse, the number of overnights each parent has with the child(ren), any income or benefits such as social security paid on behalf of a child, whether the paying spouse has other children from a different relationship, all affect the amount of support to be paid.
Child support terminates upon the emancipation of the child. In January of 2016, a new law was passed which, as of February 1, 21017, terminates child support automatically when the child reaches the age of 19. However, as with many aspects of the law, there are exceptions. Generally these include whether the child is still in high school, whether the child is enrolled full time in college or other vocational type of training, or if there is agreement that emancipation should occur at some certain date in the future.
The Enforcement of Child Support Orders
The enforcement of child support orders in New Jersey can be accomplished by a variety of means. Typically, when one spouse ceases to pay support, the other parent will file an application with the Court to compel the delinquent parent to continue support. There are various remedies the Court may utilize, which include: holding the delinquent parent in contempt, imposing sanctions, issuing an arrest warrant for that parent, seizing tax refunds or other benefits of the delinquent party, and even suspending the driver’s license of the non-paying parent.
I have been involved as a Bergen and Passaic County Child Support Attorney for over 34 years. You need someone to protect your rights regarding child support wether you are on the receiving end or the paying end.
The Law Office of Philip C. Puglisi, LLC is extensively experienced in handling Child Support matters. I suggest you schedule your FREE CONSULTATION at your convenience by contacting: