Child Support

New Jersey law recognizes that both parents are obligated to provide financial support for their child until they reach legal age. Children have the right to share in the current income of both parents. When parents do not live together, the Parent of Alternate Residence typically pays child support to the Parent of Primary Residence.

New Jersey’s child support laws can be complicated and knowing what support you may be obligated to pay or receive may be confusing. A child support lawyer from Pontoriero Family Law, LLC can answer any questions you have about the process and can take the necessary steps to protect your legal rights.

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New Jersey Child Support Guidelines

Child support in New Jersey is typically calculated by using the New Jersey Child Support Guidelines. These guidelines take into consideration a number of factors and apply a mathematical formula to determine the amount of money necessary to raise a child. This provides the basis to fairly allocate the financial responsibility between the parents.

Some of the factors that New Jersey courts consider when determining the amount of child support to award include:

  • The number of children to be supported by the award
  • Whether a parent has an obligation to pay child support for another child
  • Each parent’s income
  • The number of overnights the child spends with each parent
  • Whether either parent is paying or receiving alimony
  • The cost of work-related child care
  • The cost of health insurance for the child
  • The tax filing status of each parent
  • The child’s employment situation and current income
  • The child’s needs
  • The age and health of both parents

The guidelines allocate the cost to support the children based on the respective incomes of the parents.

Deviating from the New Jersey Child Support Guidelines

There are times when using the New Jersey Child Support Guidelines is not appropriate, such as when there are more than six children, high incomes, or other compelling reasons. In these situations, the court has the discretion to deviate from the guidelines, but they must consider several factors when doing so, including:

  • The child’s specific need
  • The standard of living established during the parents’ relationship and the standard of living the child is accustomed to
  • All sources of incomes of the parents
  • The parents’ assets and debts, including non-income producing assets
  • The child’s debts, if applicable
  • The respective earning capacity of the parents, based on their work experience, educational histories, and job skills
  • The roles the parents have historically played in the child’s life
  • The child’s age and health
  • The income, assets, and earning ability of the child
  • The need and ability for the child to attend an institution of higher education

The expenses related to the child each parent has historically been responsible for paying

Child Support Modification in New Jersey

There are times when using the New Jersey Child Support Guidelines is not appropriate, such as when there are more than six children, high incomes, or other compelling reasons. In these situations, the court has the discretion to deviate from the guidelines, but they must consider several factors when doing so, including:

  • The child’s specific need
  • The standard of living established during the parents’ relationship and the standard of living the child is accustomed to
  • All sources of incomes of the parents
  • The parents’ assets and debts, including non-income producing assets
  • The child’s debts, if applicable
  • The respective earning capacity of the parents, based on their work experience, educational histories, and job skills
  • The roles the parents have historically played in the child’s life
  • The child’s age and health
  • The income, assets, and earning ability of the child
  • The need and ability for the child to attend an institution of higher education

The expenses related to the child each parent has historically been responsible for paying

Schedule A Consultation

Call (732)785-9700 or submit a request for a consultation.

Child Support Modification in New Jersey

As children age, their needs may change. They may require more expensive things that the original child support order did not account for. Or, a parent’s ability to maintain the same level of support may decrease with time as they age or experience health issues.

Child support can be modified by a showing of “changed circumstances.” The parent requesting the change must show that circumstances have changed significantly and that such changes are not temporary. Some examples of situations in which a court may modify an award for child support include:

  • A parent has lost their job and is unlikely to get another job that pays as well as the former job
  • A parent has suffered a permanent disability
  • The child has gotten older and has more specific needs
  • A parent has gotten a new job that pays well
  • The child spends substantially more time with one parent than they did when the original child support order was established
  • The child sustained a serious injury or has been diagnosed with a serious medical condition
  • A parent has remarried

How a New Jersey Child Support Lawyer Can Help

A New Jersey child support lawyer can help by:

  • Answering any questions you have so you know what to expect
  • Explaining how the guidelines will apply to your case
  • Explaining whether your case qualifies for a modification
  • Gathering evidence to help support your side of the case
  • Completing the necessary legal documents in your case
  • Advocating for your best interests at every stage of the case

Contact a Knowledgeable New Jersey Child Support Lawyer for More Information

If you want to request child support or have recently been served with papers requesting you begin paying child support, Pontoriero Family Law, LLC can help. Susan Pontoriero has nearly 15 years of legal experience helping parents fight for, defend against, and modify child support awards. She can meet with you to discuss the next steps in the process and answer any questions you have. Contact us today for a confidential consultation by calling (732) 785-9700.

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Call (732)785-9700 or submit a request for a consultation.

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Pontoriero Family Law, LLC

2597 Hooper Avenue
Brick, NJ 08723