05 Jan Top 5 Child Support Questions
Why doesn’t the State of New Jersey ask about my expenses?
In New Jersey, the amount of child support is based on what you earn and not tied to what you spend. It is almost always the case that there is a cap to what we can ever earn – perhaps related to the company we work for, the type of work we do, the number of hours in a day, etc. While we only have so much control over what we earn, we have absolute power over what we spend. Or rather, we fail to control how much we spend. It is our obligation to spend wisely and have our dependents well supported.
How does The Court set the amount of my child support payments?
New Jersey Child Support Guidelines are utilized when determining support. The amount of said support is based on the income of both parents and the average amount paid must keep the average family supported.
What if the father won’t acknowledge he is the father?
A genetic test must be done in cases where the father doesn’t want to agree he is the father of the child. If the test scores 95% or higher, the man is presumed by law to be the father.
Will the Judge make an exception to the amount paid to me in support?
Maybe. The law says the court must apply the Guidelines UNLESS there is a special reason not to use them. You can just ask the court to listen to your reason. For example, perhaps you are uninsured and have very high medical bills, you care for a sick parent, or maybe you have a disabled child and cannot work. If you want to ask the Court for an exception, bring papers from doctors that prove you have a disability or have elderly parents to care for.
Does the support order automatically end when my child turns 18?
Effective February 1, 2017, the legal age of termination in New Jersey is now 19. Until then, once your dependent turns 18 and becomes financial independent, either you or the other parent may file papers with the court asking that the child is “emancipated.” Based on the facts, the court will decide if the child still needs support from the parents. Think about paying for college and other support your child may need in the longer run.
Call Child Support and Custody Attorney Jeffrey M. Bloom
New Jersey Child Support attorney Jeffrey M. Bloom can help you if you’re facing a child support issue. Please call our staff to set up an appointment and learn about your options – (855) 208-3650.