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New Jersey Child Support Lawyers

Attorneys Based in East Brunswick

Child support is an ongoing payment made by the non-custodial parent to the custodial parent. The payment is for the maintenance and well-being of the child or children.

Child support is financial support. Each state has their own child support guidelines, but New Jersey believes that children should not be affected by the decision of their parents financially; just because children have either divorced parents or an out-of-wedlock birth, they should not be deprived of what other children of intact families are given financially.

Child support is very nuanced. There are items and expenses that many people believe are covered by child support, but they are not. The New Jersey Court Rules provide over a hundred pages of Guidelines that establish child support payments.

A New Jersey child support attorney from Law Offices of Edward R. Weinstein can explain these nuances to you and help you navigate the child support process.

We strive to achieve an outcome that is best for you and your child. Contact us online or call (732) 783-5588 today.

Handling Child Support Cases throughout New Jersey

Child support cases arise frequently In New Jersey. There are always issues between the payee and the payor. New Jersey is among 38 states that use a specific economic model when determining child support payments.

This model, called the “Income Shares Model,” states that the child(ren) should receive the same proportion of parental income that they would have received if their parents lived together. This goes on State tax because in an intact family, parents typically pull their money together to spend for the benefit of all household members. That is part of how child support is calculated.

Under What Circumstances Does a Person Need to Pay Child Support?

Child support is an obligation for any individual who has had a child but is no longer in a relationship with the other parent, or what is called an “intact family.”

Child support is a continuous duty for both parents. The children are entitled to share in the current income of both their parents because the right of child support belongs to the child. It does not travel to the custodial parent.

The children should not be the economic victims of divorce or an out-of-wedlock birth. A person might need to pay child support if they have a child. Just because a person does not have contact with the child does not mean that he or she does not have an obligation to pay child support.

Issues That Arise in Child Support Cases

Issues that typically arise between parents in New Jersey are over income difference – such as when one stays at home and one works outside the home – or an employment gap when one parent has not been employed for a long time or underemployed involuntarily.

Legal Requirements Concerning Paying Child Support

The non-custodial parent is obligated to pay child support unless there has been an agreement by the parties to the contrary. Child support that goes unpaid (an arrears) never goes away. The arrears will have to be paid even after the child is emancipated and the continuing weekly child support obligation has expired.

The custodial parent can seek enforcement of this agreement out of court by going to the court for the enforcement and the establishment of the arrears. This way, it is written down in a court order that can be enforced if the non-custodial parent fails to make child support payments and the obligation has been established with the court. A New Jersey child support lawyer from Law Offices of Edward R. Weinstein can ensure that the non-custodial parent upholds their obligation and can take legal action if they do not.

Child Support Paid through Probation

When child support is established through the court, the custodial parent can request that the child support be paid either directly from the non-custodial parent to the custodial parent or through probation. If it is paid through probation, the custodial parent has to pay a $6.00 fee to set up the account. Child support paid through probation allows the court to check if the payments are made, when payments were made, and how much the arrears are, if any.

If a person has an out-of-court agreement and does not go through probation, there is no real record as to when payments were made. Probation can actually enforce child support payments that go unpaid.

Unpaid child support could lead to:

  • An arrest warrant
  • The immediate suspension of a driver’s license, voting license, or motorcycle license
  • A passport being taken by the court
  • A court order for the immediate payment of past due support

The Importance of an Attorney

Child support is strictly enforced and there are ramifications if a person fails to pay it. Attorneys who are experienced in divorce and child support can establish, enforce, and monitor a person’s payments to make sure they are not overpaying.

The court rules that guide the modification of child support are extensive with a large appendix and are designed to guide the court in specific situations. Our experienced New Jersey child support attorneys have an understanding of how and when to file an application for modification of child support, which is difficult to navigate.

We can guide you through any child support process. Call us at (732) 783-5588 for a free consultation today.

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What Sets Our Firm Apart

Learn More About Law Offices of Edward R. Weinstein
  1. Our team exclusively handles family law & divorce cases.
  2. We've been helping the good people of New Jersey for over 20 years.
  3. At our firm, kids always come first.
  4. We always provide our clients with cost-efficient advice.
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