When parents divorce or decide to end their relationship, the state or court can order the noncustodial parent to pay the other parent monthly child support payments. Child support is meant to provide the child with a similar standard of living to what the child would have enjoyed if their parents had remained together. As…
How are child support payments calculated in New Jersey? Child support payments are calculated by first looking at both parents’ gross incomes from all aspects. Then we look and determine if alimony is being paid or received. Deduct it from the paying party’s income. Running tax effects to come up with a net income number.…
Child support is a crucial aspect of family law that aims to provide financial assistance to children whose parents have separated or divorced. However, what happens when one parent loses their job and is unable to pay their child support obligations? In this blog post, we will discuss what is required of parents who are…
Cases involving disputes over child custody, visitation, and child support can be among the most contentious types of family law matters that might be filed in New Jersey courts. Many parents have misconceptions about how child support, visitation, and child custody are interlinked. Parents need to understand that child support, visitation, and custody are separate…
In New Jersey, either of a child’s parents might be ordered to pay child support. This is money that the paid by the non-custodial parent to the other parent to help them with the costs involved in raising a child. Typically, a child support order will continue until the child turns age 19 or graduates…
How does overtime pay factor into child support? The Appellate Division just answered this decision in Ferrer v. Colon; a child support matter where both parents were police officers that typically earned a base salary, overtime pay, and income from second jobs. The case was approved for publication on June 9, 2020, meaning that it…
Last week I wrote about the difficult parenting time issues facing all of us, but especially divorcing or divorced parents, in the midst of the unprecedented Coronavirus pandemic. As we all continue to live through some level of isolation with our children and attempt to portray some sense of normalcy, each day passes with contrasting…
Pursuant to N.J.S.A. 2A:17-56.67(a)(1), a child is presumed emancipated at age 19 for purposes of child support, unless a different date is set by the Court. The typical exception is for a child attending college full time, however the date for emancipation shall not extend beyond the child’s 23rd birthday unless there are exceptional circumstances,…
The Supreme Court of New Jersey faced in interesting issue regarding the imputation of income in Caplan v. Caplan, 182 N.J. 250 (2005). In this case, the Father previously had earned seven figures for a number of years. However, he was terminated from his employment and never sought to regain the same income that he…
In order for a Court to hear a matter, it must have both subject matter jurisdiction over the issue and personal jurisdiction over the persons involved. The United States Supreme Court has ruled that subject matter jurisdiction “cannot be forfeited or waived and should be considered when fairly in doubt.” Ashcroft v. Iqbal, 556 U.S.…