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Going from supporting a child on two incomes in one household to one income in one household can be a difficult transition to navigate, even if it is temporary. This is one reason why courts award child support. Although New Jersey state guidelines establish a framework for providing for a child’s basic needs after divorce, these may not address your family’s particular circumstances. And just as a child is entitled to love from both parents, a child is entitled to the support of both parents.
The family law attorneys at O’Cathain Law Group are well-versed in calculating child support in Hackensack. Instead of crunching numbers and trying to navigate the legal system on your own, talk to one of O’Cathain Law Group Family Law Department’s experienced child support attorneys today to help you with your case and ensuring that your children receive what they need.
In New Jersey, both parents are required to pay child support to ensure that all of a child’s medical and educational expenses, food, clothing, shelter, and even recreational costs are covered. Child support payments are proportional to each parent’s income, which is established through tax returns, W-2s, and other financial documentation. Note that under New Jersey Statutes § 2A:17-56.67, subject to a few exceptions, child support is obligatory. When just one parent has primary physical custody, the non-custodial parent is responsible for paying child support to the custodial parent. However, this is impacted and determined by the parents’ income and the number of overnight parenting times each parent enjoys.
When both parents share custody, they are generally responsible for the expenses of the child while the child is in their physical care. Again, this may be impacted by the parents’ respective income. A knowledgeable Hackensack family law attorney can walk you through the reasoning behind child support payments in New Jersey so you can better understand what to expect when calculating your support award. They can also help you gather the necessary documentation to present to the court so your child support payments are fairly imposed according to your financial resources.
Every family and child is different, which is why calculating child support can be so challenging without legal help. In determining child support, courts try to maintain the standard of living the child had prior to the parents’ divorce. They consider any special needs or health conditions the child may have, the child’s age, and the number of children the couple shares. Moreover, custody agreements will affect a child support award.
Other factors that may cause a child support award to depart from the state guidelines are if the combined incomes of the parents exceed the income covered in the guidelines. Other factors are the type of school the child attends, the education and earning capacity of each parent, and the number of other children in the marriage not born of the parties.
Almost anything you can think of can affect calculating child support. An O’Cathain Law Group family law attorney can identify the circumstances that could increase or decrease your child support payment relative to the state guidelines. They can then help you either negotiate with your ex-spouse to create a favorable agreement for the judge to adopt or represent you in court to ensure your and your child’s interests are protected.
Once entered, child support orders can generally only be modified for good cause shown. This includes unexpected medical expenses, job losses, or other events affecting a parent’s ability to make their court-ordered payment. Good cause may also include unanticipated events that increase the needs of the child and even the aging of the child.
If you are having trouble making your child support payments, it is important to talk to an attorney as soon as possible; missing payments can have serious consequences.
Calculating child support in Hackensack can be complex, but a skilled O’Cathain Law Group family law attorney can make it a bit easier. We can use our expertise to help you get the best outcome for your case, ensuring your child is cared for without overextending your resources. Call today to book a consultation and Move Forward with your child support questions and answers.