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Understanding Child Support Laws

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Parents are legally obligated to support their children until they reach the age of 18, get married, join the military, or otherwise become emancipated. 

What is child support?

Child support is a legal obligation between parents to pay for the care and upbringing of their children. It is based on the principle that kids should not be economic victims of their parent’s divorce or separation.

Child support Red Bank NJ is determined using a state-approved formula considering each parent’s gross and imputed income. The child support guidelines account for expenses such as union dues, taxes, childcare costs, health insurance, and more to arrive at an expected price for raising a particular child or children.

In addition to a child’s basic needs, court-ordered support can help pay for education and extracurricular activities. It can also cover healthcare costs, including copays, prescriptions, and medical bills. It can even include things like nannies, daycare, and summer camps. A cost-of-living adjustment can also be included in the calculation. Child support obligations typically end when the child reaches 19 unless particular circumstances require it to continue.

How is child support calculated?

Each state has its own set of rules that dictate how much child support is to be paid, and these guidelines can be found in various resources such as online calculators. The court considers each parent’s gross income and deducts taxes, alimony payments, and public assistance benefits to determine their net income.

This amount is then added together to arrive at the total parental combined income, and a percentage of this amount is used as the base child support amount. This number can then be modified based on mandatory add-on expenses such as health insurance, unreimbursed medical expenses, and childcare costs, including nannies, babysitters, daycare, summer camp, and more.

In addition, additional expenses such as educational expenses and extracurricular activities can also be included. The court will work to create an order that accounts for all of these expenses while considering each case’s unique circumstances.

How can child support be modified?

Parents may request a modification of child support if their circumstances change. These changes usually involve a parent’s income. Child support totals are traditionally based on a statutory table, and the law allows some leeway, but a pay increase can cause a change to be considered.

Typically, the judge will examine parents’ finances and how these factors may affect the child’s needs. The cost of raising children will be considered, including expenses such as union dues, taxes, childcare costs, and health insurance. Then, the gross incomes of both parents are considered and adjusted based on their time with the children.

There must have been a substantial change in circumstances for a change to be considered. This could be an increase in income for the paying parent, such as a promotion or raise or an inheritance. It could also be a decrease in income, such as unemployment or a temporary loss of wages.

What happens if I don’t pay child support?

In New Jersey, a parent behind on child support can be subject to various enforcement measures. A court may order the obligor’s paycheck to be garnished or seize any assets they have. A judge can also revoke the obligor’s professional or occupational driver’s license and suspend their passport.

Sometimes, a court will modify an existing child support order to reflect changes in circumstance. For example, a cost of living adjustment can be granted to keep the amount in line with inflation. In addition, the law allows for support to continue until a child is considered “emancipated, ” typically when they finish high school or reach age 23.

Parents with trouble paying their child support should contact the court as soon as possible to explain their circumstances. They should be prepared to present documentation such as termination papers, pay stubs, receipts for unreimbursed medical expenses, proof of an increased cost of living, and any other information that can demonstrate why they are experiencing financial difficulties.

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