Divorce has the power to change the lives of many people, especially if the couple has children together. During divorce proceedings, the courts stress the importance of ensuring children can maintain a stable life once the process has ended. To do so, they require both parents to financially assist their child. This is done through the payment of child support from the non-custodial parent to the custodial parent. These payments help ensure the child is supported and can continue the standard of living they were used to before the divorce. These payments that are made are to be used to matters solely relating to the child, such as food, clothing, their residence, education, and more.
Determining Child Support
Every family is different. There is no one solution to settling a divorce. Therefore, every child support case is treated differently from the one before it. In order to determine the amount of child support payments, the state created the New Jersey Child Support Guidelines. This is a calculation that helps determine a fair amount based on the financial situation of the family in question. The formula applies to parents with a combined yearly income between $8,840 and $187,200. It calculates the child’s expenses with the family income to determine an amount the parents can afford to provide stability.
In cases outside the Guidelines, the court considers several different factors to determine child support. In the event of this, the courts acknowledge the following:
- The financial status of each parent
- Who has physical custody of the child
- Any income, debt, and assets of each parent
- Each parent’s earning capacity
- Each parent’s work history
- The child’s needs
- The child’s age/health
- The child’s education
- The cost of providing for the child
When Does Child Support Stop?
Parents are required to pay child support until their child reaches a certain age. This is known as the age of emancipation. In the state of New Jersey, a child is generally deemed emancipated at the age of 19. However, every family situation is different. Because of this, New Jersey courts sometimes make exceptions to this rule and extend support payments. This may be the case if the child is not yet able to financially support themselves. For example, if a child seeks higher education such as college or trade school, support payments may extend until they graduate. Support payments may be modified in the event of the following situations:
- The amount of money sought
- The capability of a parent to pay the costs
- The school and course of study
- The child’s commitment
- The child’s finances
- The accessibility of financial aid
- The child’s relationship with both parents
- The financial capacity of the parents
Contact
If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.
