When parents go through a divorce, they are required to establish new arrangements for their children’s future. Part of doing this involves child support. Child support is payments that are made from one parent to another to financially support their child even after the divorce. The amount that is owed in child support is determined by the court. Once this is decided, it is considered the law and therefore must be followed. Otherwise, the court can enforce it.
However, courts in New Jersey are also aware that family lives are subject to change over time. Sometimes, the amount that is due in child support may no longer suit the needs of the family. When this happens, courts may allow for a post-judgment modification. This allows changes to be made so that it can better accommodate the family.
Determining Child Support
When dealing with family law cases, every family is treated differently. In order to determine an amount in child support payments, the court follows the New Jersey Child Support Guidelines. This calculates a family’s income with the cost of living of a child to determine a fair amount that provides a child with stability. The formula applies to parents that have a combined yearly income between $8,840 and $187,200.
If the family is outside these Guidelines, the court considers several different factors relating to the family. This can include:
- Each parents’ financial status
- Who has physical custody
- Each parent’s income, debt, and assets
- Each parent’s earning capacity and work history
- The child’s needs, age, health, and education
- Cost of living for the child
Child Support Modifications
When families experience a divorce, their lives go on separately. Often times, families experience significant changes. When this happens, a parent’s ability to maintain support payments or a child’s need to receive it can change as well. It is because of this that a parent may request a modification in the amount to better suit their new circumstances. There are many reasons that a parent may request a modification. This can include:
- A change in custody arrangements
- Loss of employment
- An increase or decrease in income
- If a child requires money for medical treatments
It is important to know that, in order to receive a modification, the parent is required to prove to the court that the changes in their life are significant and ongoing.
Contact our Firm
If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.