When a couple cannot agree upon the amount of child support or emancipation terms, they must litigate the matter and have this issue decided by a judge. Our Morris County child support attorneys recognize that these cases are typically decided based on the New Jersey Child Support Guidelines and the discretion of the court.
As with all issues related to children, the court will always act in the child’s best interest. The premise of the guidelines is that child support is a duty of both parents: children are entitled to share in the current income of both parents, and children should not be the economic victims of divorce or out-of-wedlock birth.
The goal is to lessen the impact of the divorce on the child. Because child support is a significant legal topic, it is important to have legal support to effectively represent your needs in court. To schedule a consultation with a skillful law firm with significant experience in family law, contact Haber Silver Russoniello & Dunn today.
When a court hears a case based on the contested issue of child support, the judge will typically apply the New Jersey Child Support Guidelines as the basis for the support structure. Simply put, the Guidelines are a general formula used to take each party’s financial situation and other factors in order to make a fair and just determination.
The Guidelines are in place to ensure that:
The New Jersey Child Support Guidelines apply to parties whose combined net incomes are greater than $170 per week and less than $3,600. If the parties’ combined net income exceeds $3,600 per week, the court will typically determine child support pursuant to the basic guidelines up to the cap, and then add a discretionary amount.
This discretionary award is based upon the factors set forth in N.J.S.A. 2A:34-23. These factors include, but are not limited to:
Parents in New Jersey must financially support their children until they are deemed emancipated. Under previous New Jersey case law, a presumption arose in favor of emancipation once a child reached the age of 18 unless the child was still attending high school, college, or had a physical or mental disability.
A new statute went into effect in New Jersey on February 1, 2017, which establishes 19 as the presumptive age for termination of child support. However, there are still several circumstances under the new statute where child support will not automatically terminate upon a child reaching the age of 19.
For example, if a child is receiving higher education, such as in college, the support obligation can extend through the age of 23. Additionally, if a child has special needs, it may also warrant ongoing child support beyond the presumptive age.
Many parents assume child support covers all expenses, but higher education is often treated separately. If you and your spouse cannot agree upon a contribution to college expenses, capable parents could still be legally responsible for the cost of education.
The court does not view college contribution as automatic; rather, they analyze specific factors set forth in Newburgh v. Arrigo, 88 N.J. 529 (1982) to determine how much, if any, parents will need to pay. These factors include the financial ability of the parents, the aptitude of the child for the requested education, and the relationship between the child and the paying parent.
Disputes regarding child support for residents of Parsippany, Florham Park, and the surrounding areas are generally heard at the Morris County Superior Court in Morristown. Whether you are calculating initial support orders, seeking to modify an existing order due to a change in income, or navigating a college contribution dispute, local knowledge is essential.
Haber Silver Russoniello & Dunn has decades of experience appearing before the judges in Morris County, helping clients with all facets of support and enforcement.
Child support and college contributions are very significant issues that impact your financial future. If you are interested in knowing more about this topic or need quality legal support through a child support case, contact the dedicated attorneys from Haber Silver Russoniello & Dunn for a consultation today.
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