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How Will My Child Support Obligation Be Calculated If My Spouse and I Separate?

Child support in NJ is a legal obligation. There are serious consequences for not paying child support, including wage garnishment and possibly even jail time. Child support in New Jersey is calculated using a computer program that includes information such as the parent's income, the number of children involved, and how many overnights each parent spends with those children. Nevertheless, New Jersey's child support laws can be complex. Knowing your rights and understanding the process is essential.

As time goes on, New Jersey child support can be modified. Some of the most common reasons to recalculate child support are if there have been changes to either party's income, whether either party has subsequent children born or the parenting time schedule changes.

Both parents are responsible for supporting their children financially under New Jersey child support laws. Child support is intended to cover things like School expenses, clothing, food, and shelter. Usually, the court will designate one parent the custodial parent (the one who primarily raises the child), and the other the non-custodial parent (the one who doesn't primarily raise the child).  Child support is usually paid by the non-custodial parent to the custodial parent.

When to Seek Legal Advice

It can be difficult to navigate New Jersey's child support modification process. It requires you to know what to file and how to prove to the court that support should be recalculated.  It also requires you to understand how the calculation is performed so that you know whether or not the calculation is correct. You may be surprised to hear that the courts don't always get it right. While it’s possible to do this on your own, having legal representation can make the process smoother and increase the chances of a successful outcome.

If you are reading this and have questions about divorce or a child support dispute in New Jersey, don't go it alone. Call my office to schedule a free 20-minute call with me to discuss your case. 

The contents of this blog entry are provided for informational purposes only.  You should consult with an attorney to determine how the law applies to the facts of your particular case.  Reading this blog entry does not create an attorney-client relationship with Kelly McGriff.


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