Category - Child Support

When Can Parents Stop Paying Child Support in New Jersey?

Typically, parents pay child support for the full childhood of a child. The age at which a child no longer relies on the support of their parent is debatable to some. Child support can take up a significant portion of your income, so you may be wondering when parents can stop paying child support in New Jersey.

What is the Age of Emancipation?

The age of emancipation refers to when a child is no longer legally dependent on their parents, and this may vary depending on the state. In New Jersey, the legal age of emancipation is 19 years old. This isn’t a hard stopping age for child support, though. The New Jersey courts recognize that each family is different.

The courts typically listen to a plea to stop paying child support on a case-by-case basis. One family may require child support beyond 19 years, while another may stop child support payments before 19 years.

Factors that Affect the Age of Emancipation

Some factors that may affect the age of emancipation include:

A child who is attending college
A child who is independent and moves away from home
A child who is earning a salary
A child who is married or with their own child

These are just a few of the factors that a family court may consider when determining a child’s need for child support. Some children may be capable of providing for themselves before the legal age of emancipation. New Jersey also allows children under 18 years who have moved out on their own or are supporting themselves to file for their own emancipation.

How to Emancipate Child Support in New Jersey

You can file a motion to emancipate a child to end child support payments. This is done through the New Jersey family court where you live. Working with a family lawyer can be beneficial to ensure you meet all the state’s filing requirements. It’s important to note that even if an emancipation request is approved, it doesn’t clear out any previously missed payments. Parents will still be responsible for all back pay child support payments they may have missed.

How is Child Support Calculated?

New Jersey uses a percentage model when calculating child support. The non-custodial parent is responsible for paying a set percentage of their income each month to the custodial parent. Even families with a shared parenting agreement may be required to pay child support, depending on the agreement.

If the inability to make child support payments is why you want to stop making them, other options may be available. If your income has changed, you can file a motion with the court to lower your monthly payments. Keep in mind, though, that the court could increase your monthly payments if your income has increased. New Jersey allows you to modify your child support payments once every three years. The court requires that you show proof that there has been a significant change in circumstances.

If you have questions about child support, including when you can stop paying or how to adjust your amount, reach out to a family law lawyer.

Contact a Camden Family Law Attorney for a Consultation About Child Custody in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter, such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Camden, Cherry Hill, Gloucester Township, and Winslow. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd # 207, Voorhees Township, NJ 08043.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

What to Do When Your Ex Stops Paying Child Support During COVID-19

COVID has affected much of the world, financially and emotionally. When the country shut down for a few weeks, many people lost their jobs. Even people who were able to hold on to their jobs had to learn how to navigate a new world of increasing cases and the challenge of figuring out remote schooling.

If you rely on child support during this time, it can make the situation even worse when your ex stops paying. You may have legal options available to enforce your ex to make their payments. Failing to make court-ordered payments is illegal in New Jersey and is usually enforceable by the local court.

Modifications Can Help to Accommodate a Change in Finances

If your ex loses their job during this time, or their income significantly decreases, they can file for a modification. Filing for a modification requests that the court recalculates their child support payments based on their new income. Without this process, however, your ex can’t just skip payments or reduce them.

What to Do If Your Ex Stops Paying

One of the first things you’ll want to do if your ex has skipped a few payments is to report the missed payments. You can report missed payments to the Office of Child Support Services (OCSS). If your ex intentionally skipped payments and has income, the office may obtain payments using other methods, like garnishing their wages or a tax refund.

Other Potential Consequences of Non-Payment

If your ex skips their child support payments, they may be ordered to pay them through garnishments. If they don’t have a job that allows this, or still don’t pay the full amount of their monthly child support, the court may take other actions for further consequences. A few potential consequences include:

Suspend their driver’s license
Suspend a professional license
Put a lien on a personal property
Detain them

There are a few options available for seeking child support. If you find that these methods are still ineffective, it may be worth it to reach out to a child support lawyer. A lawyer can help you file the right paperwork with the right courts and ensure that they have all the information they need to track down payment.

What if My Spouse is Collecting Unemployment?

The year 2020 saw a record number of people collecting unemployment. Even if your ex is collecting unemployment, they are still responsible for making their child support payments. The same goes for other types of government compensation, including workers’ compensation payments or other disability payments.

A divorce or family lawyer can help you navigate child support during this difficult time. It can feel impossible to get answers to your questions, especially with many of the courts closed to the public. This can lead to a longer wait time for court hearings. In the meantime, you’re left trying to cover the costs of being a parent, without the additional payments from your ex that you deserve and rely on. Contact us today to navigate child support during COVID.

Contact a Cherry Hill Family Law Attorney for a Consultation About Child Custody in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Cherry Hill, Winslow, Collingswood, and Voorhees. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd #207 Voorhees Township, NJ 08043.

Do I Have to Pay Child Support if I’m Unemployed?

Child support is one of the main factors that plays a role in family law cases. However, when an individual is unemployed, it is not always easy to consider how you will make these payments. The New Jersey courts apply what are known as Child Support Guidelines to help establish and modify child support amongst families.

The guidelines, as applied through New Jersey law, include the following aspects:

Child support must be furnished by the parents
Children are entitled to be the beneficiaries of the child support proceeds
Children should not become economic victims to a divorce or parental separation

How Child Support is Determined in Voorhees Township, NJ

There are many factors that help determine how much child support is owed, including the amount of income the parents make, commissions, work bonuses, Social Security payments, and the overnight parenting time arrangement. What happens when a parent does not have income? The court will help determine how much the party is able to earn based on their prior work history and their earning capacity from past information. Of course, there are factors that help determine if the party will be able to find work in their particular area and how much people in the area typically make from their jobs.

When a Parent Tries to Avoid Paying Child Support

It is not unheard of for a parent to try to avoid paying child support. Some parents feel as if they are punishing the other party by choosing unemployment in order to evade child support, such as quitting their job so that they can avoid making payments. The courts will recognize this and will order child support based on the imputed income of the parent, which means that they will have to find employment. Until the child’s needs are met, the court will determine this information based on the best interests of the child.

If a Parent is Unable to Afford Child Support in New Jersey

Of course, some parents do not choose to intentionally lose work but their circumstances change, leaving them unable to keep up with their payments. A parent who is not able to keep up with their payments should never stop making them without taking action.

Instead, a parent is urged to go back to court so that they can have child support modified. If a parent does not return to court to have their support modified to meet their obligations, they will accrue an arrearage, which means that they will owe money and their former spouse will be able to file an enforcement motion or application against them. This could lead to the imposition of counsel fees, litigation costs, and even jail time. Absent extraordinary circumstances, the child support arrearages constitute a lifelong financial obligation which must be dealt with and cannot be discharged.

Having Legal Help on Your Side if You Are Unemployed

If you are unemployed and unable to meet your child support demands, it is important that you have a legal advocate on your side who can make you aware of your options. The laws surrounding New Jersey child support can be complex at times, which is why our attorneys at The Law Offices of Daniel K. Newman are here to assist you when it comes to your child support obligations and receiving a potential modification. Contact us at (856) 309-9007 for more information.

Contact a Voorhees Law Attorney for a Consultation About Child Support Payments in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Voorhees, Camden, Burlington and Gloucester. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd #207 Voorhees Township, New Jersey 08043.

New Jersey Child Support and Unemployment

If you’re unemployed and worried about your child support payments in New Jersey, a professional family lawyer from The Law Offices of Daniel K. Newman can help. New Jersey child support is based on the income of both parents. Judges set support amounts or make changes to existing orders according to the New Jersey Child Support Guidelines. Our legal team can help you to explain these modifications and the requirements of the law when it comes to unemployment.

Imputed Income

If the courts decide that an unemployed parent could be working or could earn more money at a better-paying job, they impute income based on the person’s previous salary or the average earnings of their occupation. Work experience, education, training and available jobs in the area are all looked at as well. Parents cannot avoid paying child support in New Jersey by quitting their job or refusing to look for a better one.

Disability

If someone is unemployed because of a disability, they have to show proper evidence to the court, including medical records or workers’ compensation records. If the disabled parent is receiving workers’ compensation and/or Social Security Disability, they can base the child support amount on that income. However, if a disabled parent’s only income is disability, a child support obligation cannot bring a person down financially below 105% of the U.S. federal poverty guideline.

Child Support Order Modifications

A job loss doesn’t excuse paying child support. However, a child support modification can be made to lower payments to a more affordable sum while someone is looking for a new job. This modification is only done if the parent can prove that this job loss is permanent or long-term in nature.

Contact a Voorhees Township Family Law Attorney for a Consultation About Child Support in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The Law Offices of Daniel K. Newman represents clients throughout the state, including Camden, Cherry Hill, Pennsauken, and Lindenwold. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at 856-309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd, Suite 207, Voorhees Township, NJ 08043.

Planning For a Child’s Higher Education After A Divorce

In a divorce in which children are involved a divorce court will expect the parents to continue supporting the children. Part of this support may involve financing their higher education and college expenses. In New Jersey, the parents are obligated to pay for the undergraduate college education of the children after all reasonable loans, scholarships and grants. Generally, this parental obligation requires that the children are full-time students (12 credit hours or more per semester) and that they complete their undergraduate studies within five years or less. This educational monetary support may be applied to various types of post-secondary education, including training, technical and vocational schools. The legal professionals at the Law Offices of Daniel K. Newman of New Jersey understand the state’s child support laws and can give you sound legal advice for your individual case.

Age of The Child

The age of majority is 18. But as mentioned above, in New Jersey, the parents may be obligated to pay the educational expenses for their progeny until age 23. Also, if a child is disabled, the parents may incur an indefinite financial responsibility for not only the educational needs of a child, but also for the adult child’s living and medical expenses. This latter responsibility has been codified by the New Jersey Legislature in a financial maintenance statute. Generally, parents are not financially responsible for post-graduate or professional schooling for their children.

Factors The Court Will Consider

A court does not automatically order parents to provide financial support for a child’s higher education. Each case is considered individually by the judge, and there are many factors that will be considered. If financial aid is already available in the form of a student loan or a scholarship, that is one consideration. The child’s motivation to complete an undergraduate college education is another one. Part-time employment on the part of the child may also be a probative factor. The court will also take into account the financial resources of the parents as well. All of the factors that the court is to take into account are set forth by the Appellate Division of the Superior Court of New Jersey in a case entitled Jacoby v. Jacoby, 427 N.J. Super. 109 (App. Div. 2012). It is of paramount importance that the parent of primary residence (PPR), who is residing with the child the majority of the time, consults with the other parent about the schools that the child is interested in. It is mandatory that both parents be kept “in the loop” before any decisions are made and financial obligations incurred. The legal guidelines that are used to calculate and determine the amount of support that will be given for higher education can be complex, and it helps to have an experienced attorney sort it out. Contacting the Law Offices of Daniel K. Newman of Voorhees, New Jersey is a good place to start.

Coming To an Agreement

Expensive and time-consuming litigation can always be avoided if the two parents can come to a mutual agreement on who will pay for the children’s college expenses, and how much will be paid by each parent. The parents are already aware of their own budgets and usually also of the unique abilities and desires of their own children.

Contact a Voorhees Family Law Attorney for a Consultation About Child Support in NJ Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Camden, Cherry Hill, Winslow, Lindenwold, and throughout the State of New Jersey. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at 856-309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd #207, Voorhees Township, NJ 08043.

Benefits of a Collaborative Divorce

The typical divorce often involves parties sparring with each other as adversaries. A collaborative divorce utilizes a different approach. Family law attorneys guide their clients to work together to find equitable solutions to issues such as custody, visitation, and property division. Instead of entering the divorce process contentiously, spouses agree to work together to troubleshoot and solve problems through negotiation and mediation.

In a collaborative divorce, proceedings are less expensive and can be completed more quickly than litigation. Both parties can feel confident about having their concerns addressed. Additionally, a compromise occurs during negotiation, which allows the parties to reach a settlement without a judge interceding. In this format, all parties, including children, typically experience less stress and anxiety.

Both parties must be willing to work with each other to achieve a collaborative divorce. With this plan, a family law attorney can help spouses end their marriage and move forward without the acrimony usually associated with divorce.

Factors That Merit Changing a Final Judgment

Modifying a final court decision is common in family law. Changes regarding income, illness, and the residence of either party can make adhering to the judgment unfair or even impossible. A post-judgment modification is when a judge alters a court decision after a final judgment is made. Often in divorce cases, the custody, child support payments, and the marital status of either party can change. If some event impacts at least one of the parties, the judgment may need to be modified.

Life Events, Injury and Illness

A change in circumstances for either party such as employment status or health could require the court to review the family law case. If the party paying the support loses their job rendering them unable to fulfill their duty, they must inform the judge. If the payer is injured and cannot work for a short amount of time, a judge may temporarily reduce or stop the payments. If the illness is permanent and debilitating, they may be incapable of providing support. However, if the child has an illness, the amount of support may increase. Further, if the supported parent gets a job, the payment amounts could be reduced or stopped.

Relocation to Another State

The custodial parent may want to move to another state, which would call for the court to reevaluate the decision. The reason for the move may be for a job, to live near relatives or for a cheaper cost of living. While such a move would clearly impact visitation with the child by the noncustodial parent, the move is permitted unless the noncustodial party can demonstrate that the relocation is not in the child’s best interest.

Emancipated or Alimony Recipient

A child is emancipated when he or she reaches the legal adult age and no longer needs to be supported financially. The child may be granted emancipation earlier than legal adult age if they can demonstrate financial independence and no mental illness. However, support may still be required if a child has a condition rendering them physically, mentally or even financially dependent. If a spouse who is receiving support remarries, she may not need as much support.

Family law is not the only field of practice to utilize post-judgment modifications. The details of which parent gets custody, the amount of support being paid and either party’s fluctuating income often mean that settlements will probably be modified more often than other cases.

Understanding Post-Judgment Modifications for Child Support

What is a post-judgment modification?

A post-judgment modification is a process in which a person files a motion or application to modify a court order, such as child support, custody, or parenting time. This is typically due to a considerable change in circumstances, and the modification will only be granted if the person’s change in circumstances is substantial enough. A few examples that would be grounds for modification are significant changes in either party’s income, behavioral or criminal problems, substance addiction, change in daycare expenses, college expenses, or unanticipated medical expenses of consequence.

The successful motion or application is frequently accompanied by an affidavit or certification, including relevant exhibits, and sometimes a legal brief if the legal issue is unique or a matter of first impression before the court. The matter is then scheduled for oral argument before a Superior Court judge, at which time a decision is rendered.

New Jersey Child Emancipation

“I want to sign my rights away.” “He’s gonna be 18 in June. I can stop paying child support then.”

I have often heard these and other similar comments. For the most part, however, such thoughts are wishful thinking and not reflective of current New Jersey law. But what happens if these mistaken beliefs come before the court in the form of a proposed consent order which a judge is asked to sign, or in a marital settlement agreement presented at an uncontested final divorce hearing?

First, under such circumstances, an experienced attorney will advise his/her clients that their child emancipation expectations are likely against New Jersey public policy. So, questionable child emancipation language rarely appears in attorney-drawn orders or agreements. Second, a judge will likely refuse to sign a consent order containing premature child emancipation language despite consensus between the parents. And third, should dubious emancipation language “slip through the cracks,” a subsequent judge or an appellate court will probably not enforce the questionable provisions finding them to be at odds with New Jersey public policy. It should be noted that with marital settlement agreements judges rarely, if ever, read them at an uncontested divorce hearing. Judges are simply interested in assuring that the parties have voluntarily signed the agreement without coercion; that they understand it and recognize that they are giving up their right to trial; and that they wish to settle the case according to the terms of the agreement.

Child emancipation is almost always interwoven with termination of child support payments. The guiding principle is that child support belongs to the children. The parent receiving the support holds it in constructive trust for the children. The money is to be spent on and for the children. To be sure, in a number of cases the child support monies are spent by the receiving parent on personal items that do not benefit the children. Unfortunately, the courts do not have the resources to monitor parental use of these funds. In fairness, court personnel and related state and county agencies cannot be expected to micromanage the spending habits of divorced and separated parents.

“Emancipation” is a legal concept denoting the end of the fundamental, dependent relationship between parent and child. Dolce v. Dolce, 383 N.J. Super. 11, 17 (App. Div. 2006). It is not automatic and “... need not occur at any particular age …” Newburgh v. Arrigo, 88 N.J. 529, 543 (1982). Upon emancipation, legal and physical/residential custody rights and responsibilities are no longer vested in the parents and child support ceases.

N.J.S.A. 9:17B-3 holds that once a child reaches the age of majority, now eighteen, a parent has established “prima facie, but not conclusive, proof of emancipation.” The burden of proof then shifts to the party seeking to continue the child support obligation. Next, the court embarks on a critical evaluation of the existing circumstances—the child’s needs, interests, independent resources, family expectations, and the parties’ financial abilities, among other things. Newburgh v. Arrigo, supra, at 545.

If the child joins the armed forces, gets married, obtains employment and his/her own residence at a separate location, these are all factors indicative of emancipation.

Another consideration is the responsibility of the parents in New Jersey to provide for payment of the children’s undergraduate college education after all loans, scholarships and grants upon immediate, fulltime (twelve credit hours or more per semester) enrollment in college. This duty was originally set forth in the Newburgh case referred to above. While Newburgh does not provide detailed guidance for trial judges in how to implement its philosophy, a common convention among New Jersey Family Division judges is that students are given five years to obtain a Bachelor’s Degree. Thus, the support obligation may continue until the child is twenty-three.

This is just a brief synopsis of a few of the many issues that may arise when parents are confronted with the child emancipation question.

Representing yourself in Divorce

I see it time after time. To save divorce attorney’s fees, people go down several different paths: They pay a nominal sum of money to a commercial divorce center in exchange for a packet of forms; go to the Clerk of the Chancery Division-Family Part for divorce forms; cobble together self-drawn marital settlement agreements from internet sites; or acquire generic forms from family and friends. Actually, it is surprising how much the layperson gets right from these various sources. The problem that arises, however, is the critical nature of those several things which are omitted or poorly worded. Child custody and child support are fertile areas for mistakes in agreements drafted by laypersons. The distinctions between “legal” custody and “physical/residential” custody are often not understood and, therefore, not correctly phrased in the agreements. Parenting time is not sufficiently specific. For example, pickup and dropoff arrangements are not clarified, and extended summer parenting time and holiday visitation are either left out or imprecisely phrased.

Lack of understanding of the New Jersey Child Support Guidelines by divorce litigants often leaves them uncertain as to how much money per week should be paid for child support resulting in too little or too much being paid. Also, failure to have child support paid via wage execution through the County Probation Department Enforcement Division is not included in the agreement. The child support recipient often does not know the process to implement the wage execution.

As far as real estate division is concerned, the quitclaim deed/mortgage refinance issue is usually mishandled.

Regarding spousal support, it is not uncommon for the amount of the weekly alimony and the length of the alimony term to be inconsistent with the statutory guidelines and conventions employed by the courts and divorce attorneys.

As well, division of retirement assets is often never accomplished since laypersons generally do not understand the contributory retirement plan “rollover” process and the necessity for Qualified Domestic Relations Orders (QDROS) for defined benefit plans (pensions).

To correct the above mistakes, indeed, if that can be accomplished at all, may wind up costing more than if an attorney had been retained to handle the divorce in the first place.

The procedural remedy in New Jersey is a post-judgment motion to attempt to correct the deficiencies in the marital settlement agreement. Sometimes this is successful and sometimes not. There are two competing legal doctrines: one, basic contract law; and two, recognition that the Chancery Division-Family Part is a court of equity which seeks to provide justice to all parties. On the one hand, in interpreting a contractual provision, the goal is to ascertain the intention of the parties to the contract based on the language used, taken as an entirety. Some judges take the position that the court will not excuse performance of the agreement as written because the court is not obligated to make a better contract for the parties than they saw fit to make for themselves. The court may also rule that subsequent events which should have been foreseen by the parties when they entered into the martial settlement agreement will not make the contract unenforceable as written. See Schwartzman v. Schwartzman, 248 N.J. Super. 273, 278 (App. Div. 1991), and Schiff v. Schiff, 116 N.J. Super. 546, 561 (App. Div. 1971), certif. denied 60 N.J. 139 (1972).

On the other hand, there is a legal doctrine in New Jersey by which the law grants particular leniency to agreements made in the domestic arena, and likewise allows judges greater discretion when interpreting such agreements. The rationale of the New Jersey courts is that although marital agreements are contractual in nature, contract principles do not have as great a place in the law of domestic relations as in other areas of the law. Lepis v. Lepis, 83 N.J. 139, 148 (1980); Guglielmo v. Guglielmo, 253 N.J. Super. 531, 542 (App. Div. 1992); Konzelman v. Konzelman, 158 N.J. 185, 194 (1999).

Chancery Division-Family Part judges, when confronted with a post-judgment motion to amend, interpret or clarify the marital settlement agreement, have a substantial degree of discretion. Only in the most extreme circumstances, such as if there is a plain misreading of the law by the Chancery Division judge, will an appellate court reverse the trial judge.

So, if you choose to represent yourself in a divorce, beware of the legal and procedural obstacles that lay ahead.