Is Child Support Mandatory in New Jersey?

When you and your partner decide to end your relationship but you share a child, understanding how child support works is critical. Unfortunately, not many are familiar with these matters which can lead to complications later. As such, one thing parents may wonder about is whether or not child support is mandatory in New Jersey. If this is a question you’ve had, you’ll want to keep reading. The following blog explores what you should know about these matters and how New Jersey child support attorneys can help if you have issues regarding these matters.

Are Child Support Payments Mandatory in NJ?

It’s important to understand that, in New Jersey, child support payments are mandatory. This is because the courts prioritize the child’s best interest, which means the courts consider what the child’s standard of living would be like if their parents were still together. The courts believe that both parents must financially provide for their child.

As such, it is not possible, or legal for that matter, to waive support payments. This is because the courts want to ensure the child has the funds necessary to succeed. For example, if parents agree to waive the support rights of one party, the child may not receive adequate support or care, as the custodial parent would be unable to pay for the child’s needs.

How Are Support Amounts Determined?

Since child support payments cannot be waived under New Jersey law, understanding what factors the courts will take into consideration to determine how much the paying parent owes is critical to preparing yourself for this process. Generally, the courts will consider the income of each parent and the time spent with the child to make this decision. In New Jersey, parents who spend at least 28% of the year with their child is considered to have shared custody. The custody split is the most influential factor in this matter. Regardless, the courts will provide a calculation of child support payments based on the aforementioned factors, but will also take the following matters into consideration:

• Tax implications
• If the child has any health issues or special needs
• The standard of living
• The earning capacity of each parent
• The age and health of each parent
• Debts and other expenses for each parent

It’s also important to understand that though most assume child support ends at age 18, this isn’t the case in New Jersey. As of 2017, these payments will end when the child turns 19. However, if the child goes to college, the support order can be extended until the child’s 23 birthday.

As you can see, there are many complex factors that must be considered when determining child support. Regardless, you can rest assured knowing that your child will receive financial support as these payments cannot be waived. However, if you need help when fighting for the funds your child deserves, Haber Silver Russoniello & Dunn can help. We understand how complex these matters can be, which is why we are dedicated to fighting for you. Contact us today to learn more.