What Information Will My New Jersey Divorce Attorney Need to Pursue Alimony?
Continue reading to learn about the financial information needed for your divorce attorney to secure alimony.
New Jersey law recognizes that each parent has an obligation to provide financial support for their minor children. When parents live apart due to a divorce or a decision not to marry, the parent with physical custody of the child typically is entitled to payments from the noncustodial parent. How much this payment should be depends on numerous factors, and arriving at a fair amount can be a complicated process. At Feitlin, Youngman, Karas & Gerson, LLC in Glen Rock, our child support lawyers help parents secure child support terms that accurately reflect their child’s needs and each parent’s ability to bear the costs.
Our skilled Bergen County family lawyers carefully examine financial records and other pertinent information to advocate for an amount that provides suitable support for your children, while upholding your right to a fair outcome.
Courts in New Jersey typically determine child support by using a calculation known as the child support guidelines. The information considered includes both parents’ income after allowable deductions and the number of children to be supported. The program also factors in such items as health insurance premiums for the children, work-related childcare and the number of nights a child spends in the non-custodial parent’s home. Once all the pertinent data is entered, the program produces a figure for basic child support.
However, many New Jersey parents provide their children with educational and extracurricular opportunities, such as private school, travel, sports training, summer camp, and music lessons. As courts try to maintain the standard of living their children would have enjoyed had the marriage remained intact, parents must often supplement basic child support to cover these expenses. Children with health concerns or special needs could also require support that goes beyond the basic guideline rate.
Our child support attorneys often achieve mutually acceptable settlements through negotiation or mediation. However, if the other parent is not being reasonable about their share of the financial obligation, we are prepared to litigate child support terms in court to obtain an appropriate order.
Support does not end at 18. Under N.J.S.A. 2A:17-56.67, it terminates by operation of law when the child turns 19, and also automatically if the child marries, dies, or enters military service.
A custodial parent must request continuation before the child’s 19th birthday, if the child is still in high school, enrolled full-time in college, or has an agency-determined disability that existed before 19. Probation sends notice 180 and 90 days out. The outer limit is the 23rd birthday, with a narrow exception for severe incapacity. Miss the deadline, and support stops, even mid-semester.
Parents can request a modification of child support if there has been a substantial, lasting change in circumstances since the existing order was issued. Parents can request a modification upward or downward, depending on the circumstances. Our family lawyers represent parents petitioning for a modification as well as those opposing the change.
If you have suffered a financial reversal and are unable to make child support payments, you should immediately speak to a child support attorney about a modification. Do not rely on an unofficial agreement with the other parent, because as long as the old order stands, arrears continue to accumulate. At any time, an informal understanding could break down, and your co-parent could accuse you of failure to fulfill your child support obligation. Don’t let that happen.
A court order for child support has the force of the law behind it. A willful refusal to pay support could trigger severe consequences, such as:
Rather than risk enforcement measures that could harm you personally and professionally, you should talk to a child support attorney at our firm who can help you resolve your difficulties.
Possibly. New Jersey courts may order parents to contribute toward higher education, weighing the twelve Newburgh v. Arrigo factors, including each parent’s means, the child’s academic record, and available financial aid.
No. Only the court can change a support order. Until it does, the original amount continues to accrue as arrears, no matter what you agreed.
Don’t face a divorce or any family law issue, such as child support, on your own. Contact the seasoned Bergen County Child Support Lawyers here at Feitlin, Youngman, Karas & Gerson, LLC so we can effectively represent your interests, every step of the way. For more answers, see our New Jersey Divorce FAQ.
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