Child Support issues are tricky and can result in jail time, loss of professional licenses and driving rights.

We will help you navigate the complex New Jersey family law system and work towards a favorable outcome for your entire family. Call Pagliara Law Group now.

What You Need to Know About New Jersey Child Support

Child support is more than just money. It is the responsibility of both parents to provide for the needs of their children. New Jersey does not consider child support to be the responsibility of one parent, but rather both should have a hand in providing adequate support for their children.

Anything that a child needs in order to survive must be provided by parents. Both parents are responsible for a share of those needs. When one parent provides an unequal share of non-monetary necessities, the other parent may be required to supplement with money, which is often referred to as “child support.”

We can help you with the following child support issues:

• How Child Support is Determined – Monetary child support is based on a multitude of considerations, including the needs of the child and how much financial support each parent has the ability to provide. We can help you and your co-parent determine a fair child support amount that provides for the needs of your children.
• Child Support Hearings – Child support issues are often settled by a judge at a hearing. The court process can be complicated and intimidating. We will make sure your rights are respected throughout the process.
• Child Support Contempt – Failure to pay child support is a serious issue with potentially severe penalties. If you or a co-parent is held in contempt for failure to pay child support, you need experienced legal representation to ensure your side of the story is heard in court.
• Modifying Child Support – The needs of children are constantly changing. If you have questions about modifying child support payments, we can help you with your case.

How Child Support is Determined

Child support is a regular, monetary payment arrangement that a noncustodial parent normally provides to the parent that has custody of their child. This payment is the noncustodial parent’s compensation for the child’s living expenses for food, shelter, clothing, education, and health care. The question of how child support is determined is a complex legal issue, and courts are guided by legal principles to determine a child support arrangement that is in the child’s best interest.

If you are facing a child support dispute in New Jersey, contact Pagliara Law Group.

New Jersey Child Support Guidelines

When a party files an application for, or a request to modify, a child support arrangement, New Jersey courts utilize Child Support Guidelines. These guidelines recognize that both parents have a continuous duty to provide child support, that children are entitled to share in both parents’ current income, and that children should not be economically victimized by divorce or out-of-wedlock birth. The Guidelines must be applied in all matters, regardless of whether child support is contested or not. The Guidelines are based on statistical averages calculated based on the combined income of the parents.

Courts are required to apply the guidelines unless statutory provisions allow them to deviate. For example, if parents have a combined income that exceeds the current $187,200 income threshold in the Guidelines, the court has to consider a list of factors for assigning supplemental payments in addition to the amount provided by the Guidelines. In general, courts consider the following when establishing child support:

• The needs of the child
• The standard of living and economic circumstances of each parent
• All assets and sources of income of each parent
• Each parent’s earning ability
• The capacity and need of the child for education, to include higher education
• The age and health of each parent and the child
• The child’s assets, income, and earning ability
• The parents’ responsibility for court-ordered support of other people
• Each child and parent’s reasonable liabilities and debts
• Other relevant factors as the court determines

Child Support Payments Until Emancipation

New Jersey courts will require the payment of child support until children are deemed to be emancipated by the court or through a marital settlement agreement. Emancipation usually occurs once children graduate from college or begin working full-time employment. This may also occur when a child marries or signs up for military service. Finally, emancipation may also occur by application with the court.

Child Support Hearings

Child support is the amount of money that a noncustodial parent has to provide to the parent that has custody of their child. This money serves as the noncustodial parent’s appropriate contribution for the child’s basic living expenses, including expenses for food, healthcare, clothing, education, shelter, and other necessities.

If parents are in agreement over the amount of child support based on guidelines established by the New Jersey Courts, they may enter into a written consent support agreement which will be made part of the family court’s support order. However, if one parent does not agree on the child support amount, or there are other outstanding issues regarding divorce or custody, then there may need to be a hearing with the family court. Additionally, if there is an allegation that a noncustodial parent is behind on child support payments, then an enforcement hearing may be scheduled, which the noncustodial parent is required to attend.

If you are facing a child support dispute in New Jersey, Contact Pagliara Law Group for a free consultation.

Enforcement Hearings

Child support payments must be made consistently, and if a noncustodial parent fails to make ordered payments, then the court’s probation division will help the custodial parent receive the amount owed by filing a motion with the family court. The court will send a notice to the noncustodial parent to appear for an enforcement hearing. During the hearing, a court will hear evidence regarding the non-payment allegations and may consider the following information:

• The noncustodial parent’s prior compliance with the child support order over a period of time
• The amount of unpaid obligations
• Whether or not payments have been received
• Whether or not there is a pending motion for modification of child support
• The cause of any known delays in posting payments
• The enforcement history of the child support agreement
• The existing means of payment, e.g., wage garnishment, income withholding, etc.
• Any other relevant information

At the enforcement hearing, the noncustodial parent will be asked to respond to the probation division’s allegations in its motion. The court will then allow the noncustodial parent to present any defenses. The court must consider these defenses as well as the noncustodial parent’s actual ability to pay.

If the court finds that payments are owed, then it will likely issue an order for additional payments or for the parent to make periodic payments to gradually pay off the unpaid amount owed. The court may also state that it will issue a bench warrant for any future missed payments.

Arrest for Nonpayment and Ability to Pay Hearings

If a court determines that a substantial amount of child support is owed, it may issue an arrest warrant. If the noncustodial parent is arrested and jailed, then the court will quickly schedule a hearing to assess their ability to pay. During this hearing, the noncustodial parent has to provide clear and convincing evidence that they do not have the ability to pay. During such a hearing, the parent may present evidence that the court does not have complete information regarding income or that there is a change in circumstances causing an inability to pay child support.

However, if the court determines that the parent has the ability to pay, then it may order that they are to be incarcerated until payment of the missed amount or a significant portion thereof, usually called the “purge” or “release” amount. This means that the court will only release the parent upon payment of the set amount of the missed child support payments. Once paid, the court will release the parent and set a payment plan for the remaining unpaid amount. Failure to pay may result in the issuance of a new arrest warrant.

Child Support Contempt

In New Jersey, both parents have a responsibility to support their children financially. When parents separate, the non-custodial parent is often required to pay child support to the parent with primary custody. If that child support is not paid, the non-custodial parent may be found in contempt of the court’s order.

Accusations of failure to pay child support and contempt hearings can be extremely emotional. Whether you are the custodial parent seeking child support payments or a parent who has been unable to make regular payments, you may not be sure of where to turn. 

Child Support and Contempt in New Jersey

Child support is often established when parents separate. It is meant to cover the needs and expenses of raising a child. Child support is often established according to New Jersey Child Support Guidelines, which consider income and number of children. However, there are exceptions.

A non-custodial parent is required to pay child support monthly. That amount is set according to a court order. If the non-custodial parent fails to pay that child support, they are considered to be in contempt of the court order. When a person is in contempt, they could face an array of legal consequences.

Child Support Court Process

In the event that a parent fails to pay child support, the overdue payments are known as “arrears” and the parent is “in arrears.” An enforcement hearing will give the parent the opportunity to explain why they should not be held in contempt for not paying child support. In most cases, the parent is ordered to pay the full amount of child support in a lump sum or installments.

If a non-custodial parent does not pay child support, the court may impose the following penalties:

• Driver’s license revocation
• Passport denial
• Income withholding
• Tax refund interception
• Seizure of lottery tickets
• Seizure of lottery winnings

If a parent completely disregards a court order demanding payment, a bench warrant may be issued. A nonpaying parent may be arrested at their home or workplace. Once arrested, they will go to the county jail.

Next, an enforcement (ELR) hearing will be held to determine if non-compliance with the child support order has occurred. In some cases, the outcome of the ELR hearing will lead to the incarceration of the parent who has not paid support.

How a Jersey City Child Support Lawyer Can Help

Whether you are the parent who has not received a child support payment from your child’s non-custodial parent or a parent who has not paid child support, we are here for you at Pagliara Law Group.

If you are the parent who has not received child support, an experienced lawyer can evaluate your situation and ensure that your co-parent is held accountable for their non-compliance. Legal representation can make it possible for your children to receive the money they are owed to live a comfortable lifestyle.

On the other hand, if you are being accused of not paying child support, we can aggressively represent you during an ELR hearing so that you have a chance at avoiding incarceration. They can also help you file a modification of child support application if you are unable to make your child support payments because of a job loss or other circumstances. A complete review of your finances can be conducted in order to present a strong case for modifying your current child support order.

Modifying Child Support

Child support is a complex issue in family law, and modifying child support is not as simple as making a mere request. When a court issues a child support order, it is meant to ensure that parents provide for a child’s basic needs for food, housing, clothing, healthcare, and education. Therefore, changing a child support arrangement can only take place by filing a motion with the court and providing necessary evidence, especially if the other parent contests it.

If you are involved in a case in which child support arrangements may be modified, contact contact our team of family law attorneys has extensive experience in child support issues and can help you either request or contest a modification of child support arrangements.

Change in Circumstances Required

In New Jersey a parent may be able to ask a court to modify a child support order if they can prove a change in circumstances. The change can’t be temporary or only likely to happen in the future. The parent asking for modification has to show that the change has already taken place and is permanent, substantial, and unanticipated. The court may also consider whether the change in circumstances was voluntary, motivated by the desire to avoid paying child support obligations, or renders the paying spouse completely unable to pay.

The change in circumstances may include any of the following:

• The paying spouse experiences an increase or decrease in income (e.g. termination, promotion, change in employment, inheritance, etc.)
• Either parent experiences a long-term illness or becomes disabled after the court’s original child support order
• A substantial change in the length of time that a child spends in one parent’s home as opposed to the other parent’s home
• A substantial change in the child’s needs, such as entry into college or the need for long-term medical treatment

Steps to Request Modification

If you are seeking to modify a child support arrangement, you must file a motion with the court. The motion can either be a request by the paying parent for a decrease in child support or a request from the receiving parent for an increase in payments. The motion must present facts that support the request.

The court will review the request and may schedule a hearing. During the hearing the parties must submit evidence of their respective financial conditions, and anything else relevant to the motion. The judge will then consider what is in the child’s best interest to reach a decision.

An Experienced Jersey City Child Support Lawyer Can Help

The process of modifying child support can be complex. If you are trying to alter child support arrangements or prevent them from being changed, you need an attorney by your side. Pagliara Law Group can help you every step of the way of the child support modification process. 

Contact us today to speak with one of our skilled attorneys by calling 2014704181 for a free initial consultation.

We Will Make Sure Your Rights are Enforced