CHILD SUPPORT ATTORNEYS IN NEW BRUNSWICK, NEW JERSEY
WHAT YOU SHOULD KNOW ABOUT CHILD SUPPORT IN NEW JERSEY
Every year thousands of parents across New Jersey end marriages or relationships. In the state of New Jersey, children are entitled to benefit from both incomes of their parents. This is what is known as child support. There is one person who typically pays support which is referred to as the non-custodial person and there is the payee which is the custodial person. The custodial person is the individual who has the child or children for the majority of the parenting time. The support cannot be terminated until the minor child has reached the age of 19.
HOW DO I FILE FOR CHILD SUPPORT?
A custodial person can apply for support online. It is important that paternity has been established prior to taking this action. If your child’s non-custodial parent is not listed on the birth certificate then a paternity test will need to be performed.
You can also complete an application and mail it to your county welfare agency or the county court in your area. A judge will need to review the information to start the legal process and eventually issue an order so that payments can begin to be made. It usually takes three months or less to complete the steps involved.
ESTABLISHING THE AMOUNT OWED
There are guidelines that must be followed to determine how much money the noncustodial person will have to pay to the custodial person. Amounts are awarded based on a weekly formula. Both parents will need to submit a case information statement outlining their current financial situation.
The court examines factors such as weekly gross taxable, alimony paid, alimony received, adjustable weekly gross taxable income. net income, health insurance premiums, child care expenses, number of overnights with each parent, and un-reimbursed medical expenses. A self-support reserve test is also done to ensure that the payor can still live above the federal poverty guidelines.
THE PENALTIES FOR NOT OBEYING A SUPPORT ORDER
Some parents decide to disobey court orders and refuse to make their required payments. The court takes the job of support enforcement very seriously in New Jersey. A majority of new support orders include an income withholding order also known as an IWO. Payors are required to submit a copy of their most recent paystubs so their employers can be sent a wage garnishment order from the court to begin garnishing the wages as soon as possible.
If a person does not pay then they are considered in arrears. The IRS gets notified and the individual is put on the state and federal offset lists so that any tax refunds that they would receive are seized and given to the custodial parent.
If the arrears becomes too delinquent then the person will be reported to the three credit bureaus and the negative item will be on the credit history for at least seven years. Individuals can also have their passports and driver's licenses seized or be thrown in jail as punishment for violating the law.
WHY YOU SHOULD CONTACT CHILD SUPPORT LAWYER’S FOR HELP
The justice system is very complex. Parents should contact child support lawyer s so that they have an advocate on their side that is knowledgeable. Dealing with children and financial matters can get emotional so having a neutral third party involved is the best way to ensure a favorable legal outcome for your case. Most lawyers in New Jersey offer free consultations. You can take advantage of this to search for a legal representative that will work well with you and respect your wishes as a litigant in the proceedings.