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Child Support
Recent Article List
New Emancipation Law in New Jersey by Randi M. Albert, JD and Michelle Weinberg, LMFT
When does child support end? Generally, when a child is emancipated. So, what exactly does that mean? Emancipation, in reference to a child, is a term that describes when your child goes from being a minor to an adult.
While you may not know for sure who will be paying child support, or how much child support a court will order, your best choice may be speaking to a family law expert, a lawyer who knows how it usually works for all parties involved in child support matters.
Parents who are seeking a divorce when their child is in college or entering college may be able to have the same court deal with the issue of who pays college tuition at the time of their divorce. If their children are much younger and not yet ready for college the divorce judge may anticipate the cost of college tuition and stipulate how it shall be paid in the future.
Child Support and Taxes by Randi M. Albert, JD and Michelle Weinberg, LMFT
Will the fiscal cliff changes affect your child support payments? As divorce mediators, we can tell you - the short answer is probably, but not quite yet. And having a clear support agreement in place will minimize any potential problems.
In New Jersey there are certain guidelines that govern the amount of child support a non-custodial parent must pay to their former spouse. While this is certainly the norm, there are certain situations and scenarios in which a couple might deviate from the guidelines and a different amount of support may be agreed upon.
FERPA and College Contribution by Theodore Sliwinski, Esq.
Do I still have to pay for child support and college contribution if my son refuses to give me a copy of his grades/college transcript?
In the world of family court, a common issue is whether “sonny boy” or your daughter is a full time student. This question often becomes a game of “cat and mouse.” If your child is a full time student then you have to pay the “full boat” of support under New Jersey law.
Emancipation Because of Poor Grades by Theodore Sliwinski, Esq.
A very common scenario is when child starts bombing out of community college or a four-year college, and then noncustodial parents then wants to try to emancipate the child. Thus, the vexing issue is whether a noncustodial parent can emancipate a child if he achieves poor grades.
Retroactive College Contribution by Theodore Sliwinski, Esq.
This is a great issue that arises in most college contribution motions. In many college contribution cases they really turn into a massive civil litigation with "big bucks" on the line. Quite often the divorced father has moved on and gotten remarried.
Any motion for college contribution should be filed before your child starts college. This is a ’no brainer.’
How Child Support is Paid in New Jersey by Joseph Dillon, Divorce Mediator
In New Jersey there are three different ways one can collect on a child support award that is granted per the terms of your divorce. The easiest way to pay child support is to set up a schedule of payments on a weekly, bi-weekly or monthly basis and simply write a personal check from one party to the other.
Child Support Modification by Joseph Dillon, Divorce Mediator
Child support modification is the process we use to recalculate child support due to a qualifying event some of which are outlined below. Keep in mind that laws on child support modification vary from state to state so its always best to speak with a mediator who can help you understand how the modification of child support would work in your particular case.
The Determination of Child Support by Gruber & Colabella, P.A.
It is the law that both parents contribute to the support of children that they bring into this world. New Jersey, similar to most states, have promulgated guidelines for the Court’s use in determining the amount of child support. As a result, the Family Part Judges have now set child support in a uniform fashion throughout the State.
Without a doubt, medical insurance and medical expenses consume a significant portion of household budgets, and that number has been increasing at a greater rate than income in recent years.
Parents have both a moral and legal obligation to financially support their child from the moment that child is born until that child becomes emancipated. In simple terms emancipation is defined as the time when a child is or is expected to be self-sufficient or self-supporting.
I can’t afford to live any more because of my outrageous child support and alimony payments. Can I file a motion to reduce/terminate my support payments based on the recession?
Hot Tips on Emancipation by Theodore Sliwinski, Esq.
What are the basics of New Jersey emancipation law? Child support usually ends when the child is emancipated.
Under New Jersey law, alimony and child support orders can be modified. This means either party (receiving or paying support) may ask the family court to have the support order changed.
Reducing Child Support in These Hard Times by Theodore Sliwinski, Esq.
New Jersey child support modification laws are now being fiercely debated more than ever in the family courts. The family courts are now swamped with endless motions to request reductions of child support.
I am a divorced father of an eighteen year son who now lives in New Jersey. I used to live in New Jersey. However, I moved to Texas once I split from my ex wife. I now pay a $150 New Jersey child support order. In Texas child support ends when the child reaches the age of 18 or when they graduate from high school, whichever occurs later. Does New Jersey also have the same child support laws?
Winning an Emancipation Motion by Theodore Sliwinski, Esq.
What is the burden of proof in an emancipation motion? Motions for emancipation are filed every day in the family courts. In fact it is probably the most popular type of motion filed in the family court.
How can I request that a family court to determine, increase, or reduce a child support award?
Is a special needs child legally entitled to receive extra child support? The child support guidelines simply don’t satisfy the needs of a special needs child.
The economy is terrible in New Jersey. Businesses are leaving the Garden State in droves. What happened to all of the factories in New Jersey? Maybe globalization was not such a great idea?
Does a career change constitute a "change of circumstances" to justify a reduction of child support and/or alimony? This is a very difficult question, and the answer it would most likely depend on the individual judge that handles your Lepis motion.
My former husband is making boatloads of money now. During our marriage he was only making modest money because he was too busy "chasing skirts." Can I take him back into court and request an increase in my child support and alimony payments?
When does a parent’s child support obligation end? There is no clear-cut answer. As a parent, you have a moral and legal obligation to support your children financially from the moment they are born until they become self-sufficient or self-supporting-or in legal terms-emancipated.
Making Sure That Child Support Gets Paid by Theodore Sliwinski, Esq.
An out of state court order must first be registered in New Jersey to be enforceable. Once the order is registered, then it is fully enforceable in New Jersey. Moreover, you have the same legal rights to file enforcement applications as if the order was originally executed here in New Jersey.
An out of state court order must first be registered in New Jersey to be enforceable. Once the order is registered, then it is fully enforceable in New Jersey.
Interstate Child Support Cases by Theodore Sliwinski, Esq.
Your child support payments can be collected through the UIFSA provisions. More specifically, the federal Uniform Interstate Family Support Act (UIFSA) provides that New Jersey child support can be carried out if the non-custodial parent of your child lives out of state.
Social Security Benefits and Child Support by Theodore Sliwinski, Esq.
It is critically important to differentiate between the different types of social security benefits that are received by the recipient or the child support payor. There are two types of social security benefits that a person can receive.
My wife is requesting that I pay for more than three thousand dollars worth of past medical expenses for the children. She has filed the motion and she is seeking "blood" from me. Will the judge require me to pay for these medical bills even though I was never consulted about them?
I have been divorced for two years, and me and my ex-wife have been constantly fighting over claiming the dependency exemptions for our children. Who is legally entitled to claim these dependency exemptions?
The family courts are swamped with motions to reduce child support or alimony based on the grounds that a spouse has lost a high paying job. Moreover, in many divorce cases a key issue is whether a spouse is underemployed.
The New Jersey Court Rules provide that any child support award is based upon net income. Net income is defined as gross income less any taxes and other expenses.
In high-income cases, the determination of child support in a high income case is often a critical task for the family court. In the vast majority of low and middle income cases, the judges follow simply plug in the parties’ income info in the child support computer program, and the award is automatically calculated.
New Jersey Child Support Overview by Joseph Dillon, Divorce Mediator
Children are the innocent victims of divorce. They become the center of battles over child custody, support, and visitation and face losing the only lifestyle that they’ve ever known, often winding up being penalized both emotionally and financially.
More on the Payment of College Costs by Theodore Sliwinski, Esq.
It is important to emphasize that college expenses are more than simply tuition, room and board. When you draft your college contribution motion, it is important to include as many college related expenses as possible.
Every application to require a parent to contribute toward college costs is different, and each stands on its own merits. Every case is decided on a case-by-case basis. In most cases, the court will set up a plenary hearing, and order the parents to provide a CIS and disclose their financial information.
The Passport Denial Program, which is part of the Federal Offset Program, is designed to help states enforce delinquent child support obligations. Under the program, non-custodial parents who are certified probation as having arrears that exceed $2,500 are submitted by the Federal Office of Child Support Enforcement (OCSE) to the Department of State (DOS), which denies them U.S. passports upon application or the use of a passport service.
How to Avoid the Payment of College Costs by Theodore Sliwinski, Esq.
The issue of the payment of college costs has exploded in the world of family law. In a perfect world, both parents should be thrilled to pay for the costs of college for their children.
Paying Extra Child Support in New Jersey by Theodore Sliwinski, Esq.
In addition to calculating a straight child support award, the court may also award additional expenses with regard to the parties’ basic child support obligations.
Contempt for Failure to Pay Child Support by Theodore Sliwinski, Esq.
This is one of the most frequently raised issues that arise in matrimonial practice. Many people don’t understand that when a judge makes an order for child support he is creating custom-made law just for you to follow.
Imputing Income for Child Support by Theodore Sliwinski, Esq.
It is quite common for the income of one parent particularly a father to plummet when marital warfare breaks out. It is also not uncommon for one or both parties to lose a job or to stop working overtime that had been customarily performed. Child support awards are based on the income of both parties.
Child Support Arrearage in New Jersey by Theodore Sliwinski, Esq.
When a parent does not make child support payments on time, the overdue payments are called arrearages, and the person is in arrears on payments. Judges have become very strict about enforcing child support orders and collecting arrearages.
College Tuition Payments in New Jersey by Theodore Sliwinski, Esq.
In most circumstances, the privilege of parenthood carries with it the duty to assure that the child receives a good college education. Our courts have held that, in general, financially capable parents should contribute to the higher education of children who are qualified students.
New Jersey Child Support FAQs by Theodore Sliwinski, Esq.
Every child is entitled to support from his parents. The New Jersey child support guidelines are based on the theory that child support is determined in proportion to the parents income and assets as well as the child’s needs.
New Jersey Child Support and Child Care by Theodore Sliwinski, Esq.
The following is a brief overview of child support. This overview will explain why child support exists, who is able to receive child support, how the courts determine the amount of support to be awarded, and where child support comes from.
Kids and Divorce - Who Pays for School? by Jan L. Bernstein, Esq. and Jennifer Lazor, Esq.
The stress and considerations an intact family experiences when making decisions with a child, or for a child, over his or her education loom large even in the best of circumstances.
In the olden days, prior to September 1997 and the "new" New Jersey child support guidelines, calculating child support was fairly uncomplicated. Additionally, it was fairly easy to ballpark what you should be paying or receiving -- approximately 20% of net income for one child or 30% of net income for two children.
Contribution by a parent for the post-high school educational expense is dependent upon the ability of the parents to contribute, the desire and ability of the child or children to succeed in their educational and vocational pursuits, and a number of other factors.
How Child Support is Paid in New Jersey by Joseph Dillon, Divorce Mediator
In New Jersey there are three different ways one can collect on a child support award that is granted per the terms of your divorce. And while as a New Jersey divorce mediator I am all in favor of keeping it friendly, sometimes the easy route isn’t always the best route.

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In New Jersey, a separation agreement is any legal document signed by both spouses outlining the terms of the separation. Subjects resolved in a separation agreement can include child support, child custody, debt allocation and asset distribution. Notarizing the document ensures its validity, since there is no such case-type in New Jersey that provides for a "legal separation." Spouses wanting child support during the separation period, however, must file a claim with the New Jersey probation department.

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