Child Support

Monmouth County, Middlesex County, Mercer County, Essex County, Bergen County, Hudson County, Union County, Somerset County, Ocean County Child Support

Child Support Attorney in New Jersey

Clifford E. Lazzaro, P.C. can help you with family law matters, including child support matters. The team has assisted families throughout Monmouth, Middlesex, Mercer, Essex, Bergen, Hudson, union, Somerset and Ocean Counties in New Jersey.

According to N.J.S.A. § 2A: 17-56.67, parents typically must provide financial support until the child dies, marries, joins the military, or turns 19. However, child support might continue until age 23 if the child is a full-time student. 

New Jersey Child Support Law

In New Jersey, child support laws maintain the idea that children deserve the right to be equally supported financially by both parents.

In New Jersey, in stark contrast to the determination of alimony, child support is generally calculated by formula pursuant to the “Child Support Guidelines” which are set forth in Appendix IX to the New Jersey Rules of Court. Same take into consideration a host of factors including each parent’s income, alimony paid by either parent to the other, health insurance premiums or work-related child care incurred for the child(ren), and the extent of the non-custodial parent’s overnight parenting time. Child support awards under the Guidelines encompass three categories of spending related to children.

These categories include:

• “Fixed” costs (representing 38% of relative spending on children) which are incurred even when a child is not in a parent’s physical custody such as rent or mortgage payments, utilities, household furnishings, and household care items.
• Variable costs (representing 37% of relative spending on children) which “follow the child” and are incurred only when a child is in the physical custody of a parent such as transportation and food.
• Controlled costs (representing 25% of relative spending on children) which are generally “controlled” by a child’s primary caretaker such as clothing and entertainment expenses.

The New Jersey Child Support Guidelines consider factors like each parent’s individual income, where the children spend overnights, and which parent covers certain expenses, like health care and schooling.  In general, the child support payments cover housing, food, clothing, transportation, certain healthcare expenses, and entertainment.  Other payments can be added to child support if it fits certain criteria under court rules.

Enforcement of Child Support Orders

Although I help you through the entire support journey, I also provide service to parents who have not kept up with payment schedules. I help you act quickly to address outstanding child support arrears, warrants that you may face, and I create solutions to resolve your child support problems. If possible I try to settle these problems outside of court, and always have you and your children’s best interests at heart.  However, if you are dealing with an individual who is avoiding support payments, I can help you enforce child support through the court system, which often involves requesting arrest warrants and other sanctions.

Modification of Child Support Orders

After a certain amount of time passes, certain support cases may be revisited for modification. It may arise as children age and needs change as well.  For example, your child may be emancipated, which usually means that the parents are no longer obligated to continue support.

Another regular source of modification issues stem from a parent’s change of financial circumstances.  If you find yourself out of a job or with a loss of income, I can help you alleviate some financial burden and set up a new payment schedule.

When a permanent, substantial and unanticipated change affects the fairness of an existing child support order, either parent can petition the court for a modification to the payment terms. This might occur as the result of a job loss, medical crisis or significant change in the child’s needs. 

College Tuition

Capable parents may be responsible for the cost of education. Factors put forth in the case N.J.S.A. 2A:34-23(a) and Newburgh v. Arrigo, 88 N.J. 529, 544 (1982) will determine how much, if any, parents will need to pay.

New Jersey law states that financial support for a child is the child’s right, not a their custodial parent’s right. Parents must provide financial support to their children, regardless of whether the parents were legally married at the time the relationship ended. Child support is mandatory, even if the receiving parent does not want or need the money, because New Jersey law also states that child support itself belongs to a child and cannot be waived by a parent.