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

New Jersey Permanent Child Support

Child support can be a contentious issue in divorce cases. However, many people do not realize that there are also New Jersey permanent child support arrangements. These arrangements are only necessary for instances in which children need the continued support of their parents because they cannot support themselves. If you want to know more about permanent child support or, need help with their permanent child support agreement, consult an adept child support lawyer.

Why Would a Parent Be Obligated to Pay Child Support Permanently?

If a child requires continued maintenance, so in situations where the child has a mental or physical disability and it is proven that the child does require that continued maintenance, they will never be outside that scope of parental responsibility. 

Meaning that the parent with primary custody can request New Jersey permanent child support.  Then the parent who receives that child support must make an application once the child reaches 19 so that it is not automatically terminated based on this new law.

Most child support payments are made weekly or monthly until the child is emancipated. Paying child support in lump sums is uncommon because there is a possibility for either party to have those changed circumstances in the future, so it is extremely inadvisable.

Factors That Would Enable Parents  to Request Child Support

Sometimes either party does not know that they can get New Jersey permanent child support, or the parties have an agreement amongst themselves regarding child support and something goes wrong. Sometimes a party may fail to pay on time or pay at all. Or, it could be that the parent with primary custody realizes that they could/should be receiving more money. The parent can apply for child support, consult an attorney, and then request that child support be ordered either through direct pay or probation.

Instances Where Child Support Is Not Necessary

Sometimes there is a big difference in income and there is a 50/50 custody arrangement. The parents may split the parenting time down the middle, 50/50, a half week here, a half week there, and one parent has $100,000  income and the other parent has a $20,000 income.

Despite the fact that they both have the fixed expenses and variable expenses, because of that difference in income, there is most likely not going to be a child support award, but it does depend on those other factors that go into the calculation of child support in the guidelines.

Another thing is, if there is a situation where the parties or the child receives social security because that does have a deduction in the amount of child support,  depending on the social security award, and depending on the child support guidelines calculation, that does determine whether or not any child support would be obligated.

Setting Payment Durations

The duration of New Jersey permanent child support is until the child is emancipated and that is fact sensitive, but sometimes, in a marital settlement agreement, they will factor in the four years of post-secondary education, so there is a presumption in marital settlement agreement language that child support will continue until 23 or until the completion of four years post-secondary education, but if there is no agreement that is defining a date past 19, it is automatically at 19 unless there is an application looking to extend that.

Under What Circumstances Might a Court Order a Child Support Payment End

While New Jersey permanent child support payments are quite binding, there are certain circumstances where a court would order an end to the child support payments. For example, if the child were emancipated, their non-custodial parent would no longer be obligated to pay child support. Or, if the custodial parent were to become the non-custodial parent and the non-custodial parent were to gain custody, then the former non-custodial parent would not have to pay child support.