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New Jersey law dictates that it is a child’s right to receive child support and that each parent has the obligation to support their child. In most cases involving married parents who are divorcing or unmarried parents, the amount of child support payable by each parent is calculated principally based on the parents combined gross incomes which are entered on the computer into one of New Jersey’s Child Support Guidelines Worksheets. At Cowen & Jacobs, our Hackensack child support lawyers gather and substantiate the additional information that has to be entered on a Worksheet to ensure that you are paying your fair share of child support. The amount of child support payable by high-income parents is beyond the income limits of New Jersey’s Child Support Guidelines. Our high-income clients benefit by our over 35 years of experience, personal attention and financial acumen in assessing the amount of child support payable in excess of Child Support Guidelines, and in convincingly presenting our fact-based assessment in settlement negotiations, or if necessary, at trial.
Child support is the right of the child to receive from both parents. Child support is considered integral to the child’s best interests. In addition, as a matter of public policy, the State of New Jersey tries to limit the amount of taxpayer dollars used to support children for non-paying parents. Therefore, with few exceptions, under New Jersey law both parents, whether biological or adoptive, have the ongoing obligation to support their minor child. In the event of any controversy between married or unmarried parents that requires judicial intervention, a Family Part Judge will calculate each parent’s child support obligation, in most cases, by entering the parties income and reoccurring child-related expenses, into a computer program that calculates child support pursuant to New Jersy’s Child Support Guidelines. Parents with combined incomes in excess of the Guideline’s limits, will pay more than the Guidelines amount based on a number of factors, including but not limited to the family’s lifestyle and the marginal costs of maintaining that lifestyle for the child.
All Family part judges are charged with the ongoing obligation to act in a child’s best interests. Accordingly, a final Order or Judgment of Divorce which includes the amount of child support and other child-related expenses for which each parent is responsible, can be modified regardless of whether the Order or Judgment of Divorce was the product of a settlement or a judicial ruling. There are statutory guidelines and a body of case law which govern each application for upward or downward modification. With over 35 years of extensive experience in representing clients, whether as proponents or as opponents of a modification, our attorneys at Cowen & Jacobs have the knowledge of the law and of the nuances of presenting a modification application to a judge, both of which are fundamental to successfully pursuing any modification request.
The parent receiving child support payments (the obligee) pursuant to a court Order or a Judgment of Divorce, is entitled to have child support paid through Child Support Probation by means of a wage garnishment. A Probation account will be set up. Probation will contact the paying parent’s (the obligor) employer who is obligated to deduct payments from that parent’s paycheck. If the obligor is self-employed or unemployed, payment must be submitted directly to Probation. In either case, if there are child support arrears, Probation will initiate enforcement proceedings requiring the paying parent to first appear in court before a hearing officer. The hearing officer will issue a recommendation to reduce the arrears by a lump sum payment, by a fixed amount added to each payment, or a combination of both. If the obligee is not satisfied with the payment plan recommended by the hearing officer, then the obligee has the right to submit the matter to a Superior Court judge. Probation has other enforcement tools including but not limited to the interception and collection of tax refunds directly from Federal and State taxing authorities, the suspension of the obligor’s driver’s license or professional license, and in very rare cases, the imposition of jail time. If the obligee has waived the right to collect child support through Probation, then an enforcement application must be made directly to the Family Part and will be heard by a judge.
In most instances, the amount of child support owed by each parent for one or more children is based solely on New Jersey’s Child Support Guidelines. This is an court-authorized computer program into which Cowen & Jacobs inputs information such as the number of children in the family, how many children are under 12 years old, the gross earned and unearned incomes of both parents, the tax filing status of each parent, the cost of work-related child care, the additional cost of providing medical insurance for the child or children, the number of overnights spent with each parent, etc. Currently, if the parents’ combined incomes, net of taxes is $187,200.00, the amount of child support will be limited to the program’s calculation.
Once the parents’ combined net incomes are materially in excess of $187,200.00, and the parents are unable to reach a settlement, a Family Part judge will determine how much child support in excess of the Guidelines amount is necessary to continue to provide for the children’s needs in light of the family’s lifestyle. At Cowen & Jacobs we meticulously gather the detailed financial data that the judge requires as the basis is making that determination. Often, we retain a forensic accountant who provides the most cost-effective lifestyle analysis.
Child support in Hackensack will terminate without the need to file a motion in post-divorce, dissolution of a civil union, termination of domestic partnership matters or an application by never-married parents if the child, who is under the age of 19, dies, marries, or enters the military. If child support payments are made through the Probation Division, the paying parent just has to submit proof such as the child’s death certificate, marriage certificate or enlistment papers.
Child support will also automatically terminate once the child reaches the age of 19 but with certain exceptions:
Other than in the first instance where there is a court Order or Judgment, child support in Hackensack will automatically terminate unless a written request is properly filed on a timely basis with sufficient proofs to support the exception such as a letter from the school confirming the child’s enrollment.
At Cowen & Jacobs, we are anxious to assist our clients in their journey through the legal system, which can be very stressful particularly when the issues involve the best interest of children. We therefore encourage our clients to ask questions and always provide prompt responses.
Are you ready to get started on your case with a consultation? With over 35 years of experience, our child support attorneys are ready to fight for you. Reach out to us today to see what Cowen & Jacobs can do for you.
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