Here are frequently asked questions in New Jersy about the child support:
1. What Factors Determine Child Support in New Jersey?
In New Jersey, child support is calculated based on several factors, primarily the New Jersey Child Support Guidelines. These guidelines consider:
- The income of both parents.
- The number of children requiring support.
- The custody arrangement, including the number of overnights each parent spends with the children.
- Health insurance costs for the child.
- Work-related childcare expenses.
- Any other extraordinary expenses related to the child’s needs.
The goal is to ensure that the child’s standard of living is maintained as closely as possible to what it would have been if the parents were still together.
2. How Is Income Calculated for Child Support Purposes?
Income for child support calculations includes:
- Gross income from all sources, including wages, salaries, tips, and bonuses.
- Self-employment income after necessary business expenses.
- Unemployment benefits, disability benefits, and worker’s compensation.
- Social Security benefits.
- Alimony received from previous relationships.
- Rental income, investment income, and other forms of passive income.
The court may also impute income to a parent who is voluntarily unemployed or underemployed, meaning it will assign a potential income level based on what that parent could earn based on their education, training, and work experience.
3. Can Child Support Be Modified in New Jersey?
Yes, child support orders can be modified in New Jersey if there is a significant change in circumstances. Some reasons for modification include:
- A substantial change in either parent’s income (increase or decrease).
- A change in custody arrangements.
- The child’s needs have significantly changed, such as requiring additional medical or educational support.
- One parent remarries and the household income changes.
To request a modification, the parent seeking the change must file a motion with the court and provide evidence supporting the change in circumstances.
4. How Long Does Child Support Last in New Jersey?
Child support in New Jersey typically continues until the child reaches the age of 19. However, support may extend beyond 19 if:
- The child is still in high school or attending full-time post-secondary education.
- The child has a physical or mental disability that requires ongoing support.
- The parents agree to continue support beyond the age of 19.
The court may also order support to continue under specific circumstances, such as if the child is still dependent on the parents for financial support.
5. What Happens If a Parent Fails to Pay Child Support?
Failure to pay child support in New Jersey can result in several enforcement actions, including:
- Wage garnishment: The court can order the non-paying parent’s employer to withhold child support directly from their paycheck.
- Interception of tax refunds: Federal and state tax refunds may be intercepted to cover overdue child support.
- Seizure of assets: Bank accounts and other assets can be seized to satisfy the child support debt.
- License suspension: The non-paying parent’s driver’s license, professional licenses, and even recreational licenses can be suspended.
- Contempt of court: The non-paying parent can be held in contempt of court, which can result in fines or jail time.
New Jersey takes child support enforcement seriously to ensure that children receive the financial support they need.
6. Can Child Support Be Enforced If the Non-Custodial Parent Lives Out of State?
Yes, child support can be enforced if the non-custodial parent lives out of state. New Jersey works with other states under the Uniform Interstate Family Support Act (UIFSA) to enforce child support orders. This includes:
- Locating the non-custodial parent.
- Establishing and enforcing child support orders across state lines.
- Modifying existing child support orders if necessary.
The New Jersey Child Support Agency can assist in coordinating with other states to ensure compliance with child support obligations.
7. Are Health Insurance and Medical Expenses Included in Child Support?
Yes, health insurance and medical expenses are included in child support considerations in New Jersey. The court will:
- Require one or both parents to provide health insurance coverage for the child if it is available at a reasonable cost.
- Divide unreimbursed medical expenses between the parents based on their income proportions.
Parents are also responsible for ensuring that the child receives necessary medical care and sharing the costs associated with that care.
8. Can Child Support Be Paid Directly to the Child?
In New Jersey, child support is generally paid to the custodial parent or guardian and not directly to the child. However, there are exceptions:
- If the child is over 18 and living independently, the court may order support payments directly to the child.
- In cases where the child is attending college or university, payments may be directed to cover educational expenses.
Direct payment to the child is less common and usually requires a specific court order.
9. What If Paternity Is in Question?
If paternity is in question, it must be established before a child support order can be issued. This can be done through:
- Voluntary acknowledgment: Both parents can sign a voluntary acknowledgment of paternity.
- Genetic testing: Either parent can request genetic testing to determine paternity.
- Court order: The court can order genetic testing and establish paternity based on the results.
Once paternity is established, the father will have the same rights and obligations, including child support, as if paternity had been acknowledged at birth.
10. How Are College Expenses Handled in New Jersey?
New Jersey may require parents to contribute to their child’s college expenses based on several factors:
- The financial capacity of both parents to contribute.
- The standard of living the child would have enjoyed if the family had remained intact.
- The child’s academic performance and commitment to education.
- The availability of financial aid and scholarships.
Parents may negotiate a college expense agreement, or the court may order contributions based on the specific circumstances of the case.
11. What Role Does Mediation Play in Child Support Disputes?
Mediation can be a valuable tool in resolving child support disputes in New Jersey. During mediation:
- Both parents meet with a neutral third-party mediator to discuss their issues and reach an agreement.
- Mediation is less adversarial and can be a quicker, less expensive way to resolve disputes.
- Agreements reached in mediation are not binding until they are reviewed and approved by the court.
Mediation can help parents collaborate on a solution that works for both parties and is in the best interest of the child.