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Do I Have to Pay Child Support if I Do Not Have Child Custody in NJ?

As you know, child custody and child support are among the most hotly-contested divorce-related issues. In many cases, when one parent does not have custody of a child, he or she feels as though he should not have to financially support a child that he or she rarely sees, much less raise. If you find yourself in this situation, you must continue reading and speak with our knowledgeable New Jersey family law attorneys to learn more about where you stand and how our firm can help you. Here are some of the questions you may have:

How do New Jersey courts determine child support terms?

New Jersey courts will consider various factors when determining the terms of your child support agreement, though they will primarily consider two things: your child’s needs and both you and your spouse’s yearly income. Generally speaking, in marriage, one spouse will be financially independent, and one spouse will be considered financially dependent. In most cases, the financially dependent spouse will be the one who receives support payments so they can uphold their child’s standard of living.

Do I have to pay child support if I do not have child custody or visitation rights?

The first thing that you must understand is that child support is not related to child custody. So, even if you are not the custodial parent, if you are the financially independent parent and New Jersey courts determine that you will have to make regular support payments, you will have to do so. That being said, there are certain circumstances that may warrant a modification to your support agreement. For example, if you, the supporting parent, can prove that your child is now either past the legal age of emancipation, or that your child is financially independent, you may request a child support modification from the courts.

On the other hand, however, if your child either has special needs or he or she is looking to attend university or receive higher education, your former spouse may also request an extension of your support agreement. No matter where you stand on the issue, the bottom line is that if you have any questions or concerns regarding child support in New Jersey, you must retain the services of an experienced New Jersey family law attorney as soon as possible. Our firm is ready to help you through every step of the legal process ahead. All you have to do is pick up the phone and give us a call.

Contact our experienced New Jersey firm

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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