Navigating child support and divorce matters in New Jersey can be complicated. While the state provides guidelines to assist parents and courts in calculating child support, determining the right amount often involves more than just plugging in numbers. Both parents share the responsibility of supporting their children, and issues can arise regarding the initial calculation, modifications, or additional payments.
Consulting an experienced Bergen County child support attorney can ensure your rights are protected and help you receive the guidance and advocacy you need.
New Jersey uses guidelines to calculate child support based on both parents’ incomes. The combined income is applied to a table to determine the base child support obligation. Each parent’s share is then allocated proportionally based on their income. While one parent may make payments to the other, both are legally obligated to support their children.
Judges generally follow the guidelines, but they can deviate if there is a compelling reason to order an amount above or below the standard calculation. This discretion is especially relevant when the parents’ combined income exceeds the guideline maximum. Ultimately, child support determinations are guided by the best interests of the child, while also considering the financial circumstances of the parents.
Child support often extends beyond the base monthly obligation. Courts may consider additional expenses such as:
Parents may dispute whether these costs are necessary or if both should contribute.
Physical custody arrangements can also impact support obligations. If a child spends a significant number of overnights with the paying parent, the court may adjust the child support amount accordingly. Disagreements can also arise regarding what counts as income, including whether a parent is employed to their full earning potential. New Jersey law provides a broad definition of income, leaving judges to resolve disputes when necessary.
Child support orders reflect the circumstances at the time they are entered. Life changes, such as job loss, income increases, or changes in childcare needs, may warrant a modification. To adjust a child support order, a parent must demonstrate a substantial change in circumstances—a term left to the judge’s discretion.
Attempting informal “off-the-books” agreements can be risky. Parents are better protected when modifications or payments are made through court orders, reducing the risk of enforcement issues or allegations of contempt.
When a parent fails to meet child support obligations, enforcement is crucial to ensure children receive the financial support they are legally entitled to. In Bergen County, enforcement can be pursued through the Family Division or the New Jersey Child Support Program. Available enforcement tools include:
Prompt documentation of missed payments and acting quickly are key to enforcement. A lawyer can help file the necessary motions, represent you in hearings, and explore alternatives like mediation or negotiation to resolve disputes without protracted litigation.
Child support calculations often involve disputes over income, expenses, or custody arrangements. A skilled attorney can advocate for you, whether you are establishing the initial support amount, seeking a modification, or enforcing an order. They can also negotiate with the other parent’s attorney to reach fair agreements outside of court.
Whether you are the paying or receiving parent, our Bergen County child support lawyers at Marotta Blazini Dunleavy LLC can help you with your legal matters. We handle all aspects of child support, including initial calculations, modifications, enforcement, and disputes over additional expenses. Schedule a free consultation today by filling out our online contact form or calling 201-368-7713. Our office in Maywood, New Jersey, serves clients throughout Bergen County and the surrounding areas.
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