New Jersey Child Custody

Child Custody and Visitation / Child Support Enforcement Attorney

If your pending divorce will include disputes concerning child custody, child support, and visitation, make sure you have an experienced child custody and visitation attorney to represent your child's best interests. At the New Jersey divorce and family Law Offices of Diamond & Diamond, we provide both litigation and certified mediation services to help both parties come to a workable solution that truly is best for the child or children involved. 

We believe that divorce doesn't have to be about dividing a child in two, or using a child as a weapon in an escalating war between you and your ex-spouse. Let us show you a better way to a child custody, support, and visitation schedule that the courts will approve, and your child will understand.

New Jersey Child Custody, Child Support, and Visitation Rights Law

• Child Support Overview
• Helping Your Child Cope with Divorce
• Suggested Guidelines for Divorcing Parents
• Child Custody Parenting Plan
• Modifying Child Support

THE WHY, WHO, HOW AND WHERE OF CHILD SUPPORT

The following is a brief overview of WHY child support exists, WHO is able to receive child support, HOW the Courts determine the amount of support to award, and WHERE does child support come from, including what happens if the person who is required to make child support payments fails to do so.

WHY: Child support reflects the continuous duty of both parents to financially support their children so that the children are not economic victims of divorce, separation, or out-of-wedlock birth.

WHO: Children who are less than 18 years of age may receive child support. In instances where a child is over the age of 18 but still attends high school or another form of secondary education, the court must consider current case law and statutory law in determining whether that child is permitted to receive support.

HOW: Children are entitled to be financially supported in accordance with the economic status of each parent. New Jersey, after reviewing socio-economic studies, has developed guidelines to assist the Courts in determining a fair and adequate award of child support. The guidelines are based upon estimates of what intact families spend on their children. They reflect that parents in different income categories spend a different percentage of their combined incomes toward raising their children. For example, two parents who earn $50,000 together statistically spend a lesser amount on their children than do two parents who earn $150,000.

The support guidelines are set forth in the New Jersey Court Rules, 1969, Appendix IX-A. They address children whose parents' joint net annual income is below $150,800. They also take into consideration the possibility of a parent's underemployment or unemployment. In those instances, Appendix IX-A allows the court to impute income to a parent in certain situations.

There is a rebuttable presumption that the amounts set forth in the guidelines are correct. Unless a party convinces the court that circumstances warrant a deviation of the guidelines-based support amount, a court will not depart from the guideline amount. Those types of circumstances must fall into one of the factors set forth in Appendix IX-A, including but not limited to parenting time and multiple family obligations.

The guideline amounts already factor in various expenses for the child/children, including the child's share of expenses for housing, food, clothing, transportation, entertainment, unreimbursed health care, and miscellaneous items such as personal care products and cash contributions. Expenses that are not included in the guideline amounts are: child care, health insurance, private school, and unreimbursed health care costs. The court may, in addition to basic child support, add additional obligations upon the parties to pay for the expenses.

 

WHERE : New Jersey Court Rule 5:7-4(b) requires upon application of either party that payments of child support (as well as alimony or maintenance) be made through the Probation Division in the County where the supporting parent/spouse resides, unless the opposing party shows good cause to the contrary. Those payments include costs for health care, child care, and other expenses necessary for the maintenance of the child/children, unless good cause is shown that such payments should be separated. In all child support orders entered or modified after October 1, 1990, R. 5:7-5(b) income withholding occur. This means that a Notice will be sent to the supporting parent's/spouse's employer(s) or other source of income requiring that the amount of child support be withheld from his/her paycheck and sent to the Probation Division.

If the supporting spouse/parent fails to make payments equal to the amount of at least 14 days of support, the Probation Division will initiate an income withholding for the arrears. The supporting party may contest the withholding on the basis of mistake of fact and a hearing or administrative review will be scheduled within 20 days.

If the supporting spouse/parent fails to make payments equal to the amount of at least 6 months of support or court-ordered health coverage is not provided for the child within 6 months, the Probation Division will issue a Notice advising that unless the supporting party pays in full the past due child support, all licenses (driving and/or professional, including law licenses) may be revoked or suspended. The supporting party, may request a hearing within 20 days if he disputes that he is in fact the obligor.

 

MODIFYING CHILD SUPPORT

Like alimony, child support may be modified upwards or downwards by either parent if they can demonstrate changed financial circumstances. What constitutes a sufficient change in circumstances will vary from case to case. Some examples of changed circumstances are a change in the child's age resulting in an increased need for child support, a change in one parent's employment situation a parent's receipt of a large inheritance, the emancipation of a child, or changes in parenting time. Emancipation can occur upon the child's marriage, by court order, or by attainment of an appropriate age. N.J.S.A. 9:17B-3.

With more than half a century's experience, it's easy to see that Diamond & Diamond, PA is the smart choice when you find yourself in need of legal representation in family law, divorce, domestic violence or child custody matters in New Jersey. Email or call us now at 973.379.9292
 

Diamond & Diamond, PA
New Jersey Family Law & Divorce
225 Millburn Avenue, Suite 208
Millburn, New Jersey 07041
Telephone: 973-379-9292
Facsimile: 973-379-9210