Child support tends to have a bad reputation, as many bemoan how they have to pay child support or how much they have to pay. But what is child support and how is it determined? Here are some basics about child support that may help you understand how the child support system works.
When is Support Awarded?
Child support is not just awarded in divorce cases. Any time a biological mother and father are not cohabitating, and the child’s time is being divided amongst two households, there is the possibility of having to pay child support. This most commonly happens in paternity cases, where a mom alleges that someone else is the father of the child born out of wedlock. Upon a determination of paternity, the court will also award child support (as well as custody and timesharing).
Child support is awarded under the assumption that, if both parents were still together, they would still share in the child’s expenses. So when the parents are not living together, both parents should still have to pay their fair share–specifically, the parent who has the child less time, should have to pay the parent with more time, to account for the fact that that parent will be paying more of the child’s daily expenses.
How Payments are Determined
New Jersey uses a formula, which determines who pays what amount of child support. The formula is mathematical, so most arguments in a child support case are not about the formula–they are about what numbers go into the formula.
The numbers are the parents’ incomes, and the amount of time the child will spend with each child. Varying these numbers will alter the amount of child support that is paid or received, and thus, these are where the areas of most contention tend to be in a typical child support case.
Making Payments
Payments can either be made from one parent to the other, or through the form of a wage garnishment from the payee’s work paycheck. There is generally no oversight of the money; that is, the court does not monitor how the receiving spouse spends the money. However, in some cases, some payments can be designated for specific expenses, such as medical expenses, or after school activities for the kids.
Modifying Payments
Child support can be modified, with an order of the court–the paying parent cannot unilaterally just decide what he or she can or cannot pay. Modification will happen when there is a change in circumstances that affects a parent’s income. The change must be permanent, and cannot be self-induced, such as a parent voluntarily working less, just to avoid paying more child support.
You cannot stop paying child support because the other parent is not letting you see your child. There are other penalties available when a parent violates a time sharing agreement or court order.
Contact our New Jersey family law attorneys at The Law Office of Agnes Rybar LLC for help today with any child support or divorce problem.
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