Heymann & Fletcher

Payment of child support mandatory following divorce

When parents who are married decide to divorce, the New Jersey court might require the non-custodial parent to devote a certain part of his or her earnings to support their shared children financially. The non-custodial parent is the one who does not keep the children following divorce. In other cases involving child support, both parents have to make support payments to another party who has assumed responsibility for caring for the children. Either way, it is mandatory for support to be paid to ensure the proper upbringing and care of the children.  

The family court issues orders for child support based on support guidelines in the state. These guidelines dictate how much support must be paid, which is based mostly on the quantity of children as well as on the income of the non-custodial parent. Other important factors are also considered, such as the children's needs and the income of the custodial parent.

It is possible for the court to stray from the state's guidelines if a significant reason exists for doing so. However, if the parent who gets to keep the children earns a high salary, this does not justify divergence from the guidelines. After all, it is within the rights of children to benefit from not just one parent's but both parents' earnings under the law.

In addition, child support may be increased if a shift in circumstances justifies such an increase -- for example, a boost in the income of the payer. Likewise, the support amount may be dropped if necessary. An attorney can help one to attain the most personally favorable result possible when dealing with entering and enforcing child support orders in New Jersey.

Source: findlaw.com, "Child Support Basics", Accessed on March 22, 2017

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