New Jersey Child Support Lawyers
Separation and divorce can be an extremely stressful especially when there are children involved. The determination of child support is important for ensuring that the well-being of the children is taken care of for the future. Child support can often be a trigger for debate and lead to some difficult decisions for the couple. Richard C. Klein, Esq. Chair of the Family Law Department of Becker Meisel LLC is devoted to helping couples with all aspect of family law and can help you to understand the child support procedures to ensure that you have a better idea of what to expect during the process.
Child support covers food, clothing and shelter and may include other costs including college expenses, health insurance and day care. The determination of child support is largely based on analysis of the Child Support Guidelines that outline factors to establish the financial needs of the child and the ability of the parents to the meet those needs. Considerations in child support orders are the custody arrangement, age of the child, special health, educational and emotional needs and the current standard of living of the child.
New Jersey Child Support Guidelines
The Guidelines were developed to provide the court with economic information to assist in the establishment and modification of fair and adequate child support awards. The basis of the Child Support Guidelines is that:
(1) child support is a continuous responsibility of both parents,
(2) children are entitled to share in the current income of both parents, and
(3) children should not be the economic victims of divorce or out-of-wedlock birth.
View the New Jersey Child Support Guidelines at www.judiciary.state.nj.us/csguide
Basic Child Support Principles
The Child Support Guidelines, and the child support orders based on them, follow several economic principles including, but not limited to:
- There is no absolute cost of raising a child.
- Larger households have lower per-person costs due to economies of scale and the sharing of household goods.
- Since total spending on children increases with family size, support awards should increase with the number of children in the family.
- As total household expenditures increases, spending on children increases roughly in the same proportion.
- As total household income rises, spending on children increases since parents use some of their discretionary income to improve the children’s standard of living.
The Child Support Guidelines can be very complex and confusing. Richard C. Klein, Esq. has the knowledge and expertise to help you clearly understand the Child Support Guidelines. We will work with you to outline your needs and issues and help you negotiate a child support agreement before having to go to family court. We also assist clients seeking modifications of their child support arrangement.
Enforcement of Child Support Orders
Child support enforcement is taken very seriously in New Jersey. Failure to comply with a child support order carries severe consequences. In New Jersey, the Child Support Program is supervised by both the county Probation Department and the Office of Child Support Services.
The Family Courts conduct hearings and issue orders in child support cases. The county Probation Departments monitor amounts due and paid for child support and work to ensure that the support continues getting paid through various means of enforcement including wage garnishment.
The enforcement of child support obligations includes ensuring that current child support is paid and health care coverage as well as child care costs are in place as ordered by the Court or agreed to by the parties. It also includes collecting past due child support, as well as collecting spousal support obligations when it is ordered with the child support.
New Jersey law provides for child support being automatically taken out of the non-custodial parent’s paycheck when due for child support orders. If the non-custodial parent is receiving unemployment or workers’ compensation benefits, the Child Support Program can take child support out of the benefits if the non-custodial parents owe child support.
If the non-custodial parent has money in the bank, or owns stocks and bonds, the child support office may be able to attach those assets to off-set unpaid child support. In addition, if a non-custodial parent owes child support and wins $600 or more in the lottery, the amount owed will be deducted from the winnings and applied to the past due child support. In the case of a civil court award or settlement, any money that the non-custodial parent may receive may go toward past-due child support payments.
Failure to pay child support may have other negative consequences. If a non-custodial parent is six months or more late in child support payments and applies to a licensing agency, the court may order the licensing agency to suspend, revoke or deny any licenses, including driving, professional, occupational, recreational or sporting licenses. In fact, a driver’s license will be automatically revoked if a non-custodial parent receives a warrant for his or her arrest. A passport application can be denied if the non-custodial parent currently owes, or had previously owed, past-due child support of $2,500 or more.
Court Enforcement
If enforcement methods do not apply or are unsuccessful, additional court action may be necessary.
At a hearing, the court can issue an order that requires the delinquent support be paid in full, requires a payment schedule for the delinquent amount in addition to regular support payments, or places the non-custodial parent in jail. The court may also issue a warrant for arrest in situations where the non-custodial parent does not appear for court dates to establish paternity or support, does not appear for an enforcement hearing for not paying support, or disregards the terms of the court decree.
If you are facing a child support enforcement matter, you don’t want to go it alone. With Richard C. Klein at your side, you’ll get the legal representation you need. With offices located in Cherry Hill and throughout New Jersey our attorneys are well-known and well-respected in the courtrooms of New Jersey.
Richard C. Klein, ESQ.
Woodland Falls Corporate Center
220 East Lake Drive
Suite 102
Cherry Hill, New Jersey 08002
Toll Free: 888-763-4490 | Telephone: 856-779-8700 | Fax: 856-779-8716