When parents in New Jersey split, they are still responsible for financially supporting their children until they are emancipated. Though many couples will be able to agree on child support, some have no other choice but to have a judge decide for them. Child support is usually determined based on the New Jersey Child Support Guidelines. However, in some cases, the court may deviate from the guidelines based on the facts of the case. In other cases, the Child Support Guidelines may not apply based on the income of the parties. Child support can be a complex topic with many factors to consider. It is vital to have the strong legal representation of a qualified attorney who can provide you with assistance in court. Contact the child support attorneys from Paone Zaleski & Murphy to schedule a consultation regarding your child support matter.
Are you seeking child support after a divorce? If so, our competent child support attorneys are here to help guide you through each step of the process to help ensure the financial well-being of you and your children.
In New Jersey, the standard Child Support Guidelines apply to families with a combined net annual income up to $187,200. When parental income exceeds this threshold, the court performs a supplemental analysis. In these “high-income” cases, the court applies the guidelines up to the maximum limit and then adds a discretionary amount based on the child’s actual “reasonable needs.” This prevents a “windfall” to the custodial parent while ensuring the child shares in the parents’ good fortune. Our firm has extensive experience litigating these complex financial snapshots to ensure fair and lifestyle-appropriate support awards.
In matters where the New Jersey Child Support Guidelines do not apply, the court will determine child support based on several factors provided by law.
Some of these factors include:
Under current New Jersey law, the obligation to pay child support generally terminates automatically on a child’s 19th birthday. However, there are critical exceptions. Support may continue until age 23 if the child is still in high school, attending college full-time, or has a pre-existing physical or mental disability. It is the responsibility of the custodial parent to file a written request for continuation before the child turns 19 to avoid automatic cessation of payments.
When a child is considered emancipated in the eyes of the state, the parents will no longer have to pay child support. In many cases, children are emancipated upon graduation from high school when they do not elect to pursue higher education and have the capacity to be employed. Children who attend college or trade school on a full-time basis after graduating from high school are not considered emancipated until they complete their higher education. The legal question of emancipation is fact-sensitive and each child’s situation is different.
Parents may be legally obligated to pay for their child’s college education. When parents disagree regarding payments for their child’s college education, the court must decide this issue based on the 12 factors established in the landmark case Newburgh v. Arrigo. The question of contribution to the college education of the child turns on many factors, including, but not limited to:
Paone Zaleski & Murphy has served parents through their child support matters for over thirty years. Child support can be a very significant legal matter that requires the assistance of an experienced attorney. Contact Paone Zaleski & Murphy for a consultation if you need strong legal representation in a child support case.
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