Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

Awarding Child Support in Monmouth County

Parents in Monmouth County have an obligation to provide financial support for their children and are expected to contribute to a child’s care, custody, education, and maintenance.

Following a divorce or separation, the parent who is taking care of the child or children will often seek child support payments from the other parent.

In order to ensure that children are properly provided for, and to ensure consistency with child support orders the New Jersey legislature adopted Child Support Guidelines in 1986 and published these guidelines under New Jersey Court Rule 5:6A and in Appendix IX of the Rules.

If you are a parent who would like to establish child support or a parent who is paying child support, contact a local child support lawyer who is familiar with the process of awarding child support in Monmouth County and can help ensure that you are receiving the proper amount of child support, or you are paying the proper amount of child support.

Child Support Factors

New Jersey Court Rule 5:6A requires that the child support guidelines in Appendix IX be utilized every time a parent seeks to establish or modify child support.

When the court is attempting to award child support in Monmouth County, or the court is seeking to, modifying a current support order, they are guided by the child support guidelines. Specifically, New Jersey statute N.J.S.A.2A:34-23(a), requires the court to consider ten factors when awarding child support in Monmouth County.

  • Needs of the child or children
  • Standard of living and economic circumstances of each parent
  • All sources of income and assets of each parent
  • Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment
  • Need and capacity of the child for education, including higher education
  • Age and health of the child and each parent
  • Income, assets and earning ability of the child
  • Responsibility of the parents for the court-ordered support of others
  • Reasonable debts and liabilities of each child and parent
  • Any other factors the court may deem relevant
  • After reviewing each of these factors, as well as assessing the financial situation of each parent the court can then properly and accurately award a child support amount.

    While the child support guidelines were established to ensure consistency amongst parents as well as to ensure that children are properly cared for, a judge may deviate from these guidelines and a pre-determined amount when there is good cause for the judge to do so.

    Modifying a Child Support Obligation

    The courts have recognized that there are situations where a child support order may need to be modified or changed. Indeed, it is rather common for the court to re-examine child support obligations from time to time, and parents often file for child support modifications.

    This is because at the heart of child support, the court is concerned that the child is properly cared for, and there are a variety of reasons that a child support obligation may need to be changed such as:

  • A parent losing their job
  • A parent suffering a disability
  • The child suffering from a disability that requires special ongoing care
  • In addition, the New Jersey Child support guidelines provide fifteen factors that can allow the judge to modify a child support award amount. These factors are:

  • Equitable distribution of property
  • Income taxes
  • Fixed direct payments (e.g., mortgage payments)
  • Unreimbursed medical/dental expenses for either parent
  • Educational expenses for children (i.e., for private, parochial, or trade schools, or other secondary schools, or post-secondary education)
  • Educational expenses for either parent to improve earning capacity
  • Single family units (i.e., one household) having more than six children
  • Cases involving the voluntary placement of children in foster care
  • Special needs of gifted or disabled children
  • Ages of the children
  • Hidden costs of caring for children such as reduced income decreased career opportunities, loss of time to shop economically, or loss of savings Extraordinarily high income of a child (e.g., actors, trusts)
  • Substantial financial obligations for elder care that existed before the filing of the support action
  • The tax advantages of paying for a child's health insurance and
  • One obligor owing support to more than one family (e.g., multiple prior support orders)
  • Talk to a Family Attorney Today About Child Support

    If you have questions about awarding child support in Monmouth County, or how to modify an existing child support amount, contact a Monmouth County child support lawyer.

    A lawyer who has experience and familiarity with the complicated child support guidelines will be able to help explain the child support process as well as help ensure that your child is properly cared for through child support.