Although many couples can reach an agreement on child support outside of the courtroom, others have a more difficult time as it is common for disputes to arise as each party’s hard-earned assets are on the line. When parents decide to end their relationship, they are still legally responsible for financially supporting their children until they reach the age of emancipation. Child support in New Jersey is generally determined based on the state’s Child Support Guidelines. However, in some cases, the court may deviate from the guidelines based on the specific facts of the case. As such, many parents wonder what exactly their child support obligations are. Please continue reading to learn whether your ex will still pay child support if you make more money and how our determined Monmouth County Child Support Attorneys can help you today.
What factors impact child support in New Jersey?
When parents in New Jersey separate, the court will order the non-custodial parent to provide child support to the custodial parent to ensure the child’s basic needs are met. As mentioned, New Jersey courts determine child support based on the Child Support Guidelines. However, sometimes, the guidelines may not apply based on the parties’ income. In such cases, the court will determine child support based on several factors, including:
- Each parent’s financial situation
- The custody arrangement
- Age and health of each parent
- Age and health of the child
- Daycare expenses
- Assets and liabilities of each parent
- Living arrangements of the child
- Any other factors considered relevant by the court
What happens if I make more money than my child’s other parent?
As mentioned above, parents are financially obligated to support their children until they’ve reached the age of emancipation. In the eyes of the state, a child is emancipated at 19 or until the child has graduated from high school or professional school. However, support may continue past 19 if the child has specific physical or emotional challenges. Therefore, regardless of whether you make significantly more money than your spouse, your ex will still be obligated to provide child support.
The court holds both parents financially responsible for their children even when one spouse has a substantially higher income than their child’s other parent. Nevertheless, it’s imperative to note that if the non-custodial has a significant change in circumstances where they can no longer afford to pay this maintenance, they could request a modification to their existing child support order. In such cases, they must demonstrate that they’ve had a substantial change in their financial circumstances, which hinder their ability to afford child support. However, until the court deems it reasonable to modify an existing child support order, your ex will be required to pay child support.
If your ex has requested to modify their child support order, please don’t hesitate to contact a trusted attorney from the legal team at Paone Zaleski & Murphy, who can help fight for the support you and your child deserve.