New Jersey Divorce Attorneys Experienced in Child Support Issues
Both parents have a legal obligation to financially support their child until their children become emancipated. While parents remain married and living together with their child, this obligation rarely becomes an issue. However, divorce litigation generally necessitates that the obligation of child support be quantified and established in a Court Order or a formal written Agreement between the parties.
Upon a divorce, one parent is typically designated as the “parent of primary residential custody,” and the other parent is designated the “parent of alternate residential custody.” Although there are exceptions, the parent with alternate residential custody will likely be required to pay child support to the other parent on behalf of the child.
How then is the amount of child support determined? For parents who have a combined net income of $187,200 or less, the answer is quite simple. New Jersey has established a guide (or formula) known as the Child Support Guidelines. Upon entering various information, such as each parent’s income and the amount of each parent’s parenting time with the child, into the formula, the Guidelines produces a weekly child support figure. Unless the parents independently agree to utilize a different child support figure, the Court will generally order the parent of alternate residential custody to pay child support in the amount determined by the Child Support Guidelines.
For parents who have a combined net income in excess of $187,200 per year, the determination of the amount of child support requires greater analysis. In those cases, there is a minimum amount of child support awarded, plus an additional amount of child support based upon a series of statutory factors. That additional amount of child support is left to the discretion of the Court, unless the parties can agree to the additional amount.
Given the complexities of Child Support issues and Divorce in New Jersey, we advise you to contact one of our experienced divorce lawyers or family law attorneys at 973-627-7300 at Einhorn Harris today. We handle child support and divorce issues throughout New Jersey.