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Does My Former Spouse Have to Pay Child Support From Jail?

If your ex is in jail, you may be wondering if they are still responsible for child support payments. Continue reading on to learn more and reach out to our skilled Morris County NJ child support attorneys today.

Is my former spouse responsible for child support if he or she is in jail?

It is important to recognize that a parent cannot stop paying child support, even if they suffer hardship, like illness, unemployment, or incarceration. Because the parent receiving the child support payments can execute the demand through the state Child Support Agency, the paying parent may be unaware of the fact that they will have accruing child support payment balances even if they are incarcerated. New Jersey state laws ensure children receive support and health coverage, so the payor must pay or adjust their order.

If you have further questions or concerns about child support payments from jail, it is in your best interest to reach out to our skilled New Jersey divorce and family law attorneys today. We are all on your side.

Does New Jersey ensure that children have the right to both of their parent’s financial support?

Yes. In the event that one parent pays child support to the other parent, that money is for the children’s health, welfare, and maintenance. The amount of support a non-custodial parent pays is determined according to state guidelines that take into consideration the income of each parent, their time-sharing arrangement with the children, and the costs of the parties, mandatory retirement, healthcare, and other payments the parties pay monthly, like taxes, childcare, medical expenses, student loans, or private school tuition.

Even though the child support guidelines are made to construct a foundation for child support, judges may grant a different amount than what the guidelines suggest if there is good reason to do so. For instance, some children have special needs, or some parents have other child support obligations. These and other occasions form the basis for the court’s child support amount consideration, such as the standard of living the child enjoyed with both parents, the parent’s assets, education, work history, and roles they have played in their children’s lives historically. Keep in mind that the age of the child or children makes a difference to their financial demands. Young children have financial needs different from older children, who may be preparing to attend a college or university.


At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.