Revised Child Support Guidelines
On April 5, 2005, the New Jersey Supreme Court issued a revision to Appendix 1X-H ("Combined Tax Withholding Tables for Use with the [Child] Support Guidelines"). The new guidelines will allow individuals to determine the approximate amount of potential child support payments.
You can access the revised guidelines here.
Additional New Jersey Child Support Guidelines can be located here.
I have been unable to receive increases to support in eight years. My ex-husband makes double the money, has double the assets and I am struggling on the same amount as when the divorce took place. Can anyone guide me as to how to get in front of a judge to receive the increases due me?
Thank you,
Kristi
NJ Child Support Wage Garnishment
When paying child support, it is never a good idea to make payments directly to the custodial parent. For instance, if the non-custodial parent were to make payments directly to the custodial parent for two years, she/he is capable of lying to the court saying that payments have not been made. Looking on file to see that the accusations are true, the court orders the non-custodial parent to make up any payments that have been missed. New Jersey child support allows payments to be garnished from the non-custodial parent's pay check.
I just want to know how long do you have to pay child support, is it until 18 years of age, or is it if thechild is in college unti lthey complete college. I have not seen my daughter in 3 years she is often withheld from me, when i do come home on leave. She is actually in Pennslyvania. What can I do to see my daughter?
In New Jersey, child support continues until a child is "emanicipated." That is presumed to be age 18, but generally will be extended if a child is attending college.
As to seeing your daughter, you should confer with an attorney and make a determination as to whether it is advisable for you to file a motion to enforce your visitation/parenting time.
Besides the weekly payments I make towards satisfying my child support, I also willingly give extra money for my child healthcare. Am I obligated to pay this extra money as an non-custodial parent? or is it already included in the initial support order?
We cannot give you legal advice. You should consult with Counsel as to what specific child support or medical expense obligations you may have. However, in general, the NJ Child Support Guidelines require that the custodial and non-custodial parent share any unreimbursed or uninusred medical expenses incurred for or on behalf of their children in ratio of their incomes. The obligation for medical expenses is in addition to any monetary amount of child support.
Is the state of NJ allowed to take more then 65% of my income? It is already a wage garnishment, but I make less then what I am supposed to pay a week.
I cannot give you advice unique or specific to your situation, but ordinarily Child Support is determined by applying the New Jersey Child Support Guidelines. I know of no circumstance, under the Guideline, in which the amount of support which someone is paying would equate to 65% of their income.
You should consult with an Attorney and ask them to do a calculation and offer you specific advice.
My mother had a hard time locating my father when we were young.We recently discovered where he's been.He owed 27,000 the last time we checked.Can we still go after him for back support??
I AM DIVORCED, MY EX AND I REACHED AND ORAL AGREEMENT TO PAY FOR MY SCHOOL AND A SET AMOUNT FOR CHILD SUPPORT BEFORE OUR DIVORCE WAS FINAL, AFTER 1 1/2 YEARS OF MAKING THE PAYMENTS, HE NOW REFUSES TO PAY FOR SCHOOL OR CHILD SUPPORT. CAN I GET THE COURTS TO ENFORCE OUR AGREEMENT.
Michelle -
Possibly. You should consult with an attorney, go through the details of your mother's efforts to locate your father, his responses (or lack thereof) and seek specific advice.
You may have a very good claim, but have to evaluate, under the actual facts, whether all or a part of it may be barred by inaction and, also, determine whether any judgment you get is collectible. Good luck,
Bob Durst
Elizabeth - You can either enforce the oral (and performed for a year and half) agreement or, alternatively, have an amount of child support established under the NJ Child Support Guidelines.
You should either retain an attorney or go to your County Courthouse to obtain a pro se motion kit to file a child support motion on your own.
Good luck.
Bob Durst
Dear Sir, I am currently paying $ 225.00 per week in child support & child care expenses for my son. I am barely able to pay my bills (live with my parents) because I only make 450.00 per week. I can only pay my car and board to my parents and thats about it. Is there any thing I can do. I have asked them to lower my payments but they wont.
I am trying to find a law about when a spouse remarries and then both their income and their new partners income becomes one? is there any truth behind this? if so, what is the statue number?
Christopher -
Child support in New Jersey and at your income level is governed by the Child Support Guidelines. You should schedule a consultation with an Attorney and have him/her do a Guideline calculation for you.
Bob Durst
Rachel -
I know of no such statute.
Bob Durst
Child Support
Summary: My ex wife refuses to pay child support
Case description: I had a two part case that began in March 2005. Our divorce agreement called for the calculation of child support 3 years post divorce based on the w-2's of 2004. My ex wife refused to provide her w-2 and stated "You are crazy if you think I am paying child support." I then attempted to find her salary online due to the fact she had been a bank officer previously and I knew there salaries were discolsed to stock holders. Instead, I found stock options granted to her during our marriage and vested during our marriage that she never told me about, didn't include them in our marital property agreement and didn't disclose them in her CIS. I hired an attorney and filed motions on reopening the Final Judgement of Divorce and Child Support. Both were denied by Judge Roe of Burlington County Superior Court. On the Equitable Distribuion of the Stock Options the Judge stated that "I was looking back and realized I made a bad deal, but we don't reopen FJD for that reason." On Child Support, she denied my motion with predjudice as well as my ex wifes motion for child support from me without prejudice(even though she was making over $100,000 more than me she requested $49 a week and we have equal overnights and I do the majority of daytime and summer parenting.) I appealed both parts of the case and the appelate court on October 20, 2006(Cyr v. Cyr) remanded the equitable distribution back to Judge Roe in the Superior Court. However, they upheld her ruling on Child Support. The statments by the judge in chambers to my attorney made it clear to me that even though my wife didn't list the options anywhere she didn't believe my sworn statment. Judge Roe also stated I was "exposed for legal fees of my ex wife" if at the conclusion of the plenary hearing she felt i had fabricated my story or had selective memory. Realizing I was facing lifetime financiall problems if Judge Roe ruled against me and held me responsilbe for legal fees I agreed to settle for enough money to pay my attorney(The options when exercised were worth &520,000) I no longer have much money nor any resources to get financial help and cannot afford to retain my previous lawyer who was excellent. However, the child support issue has yet to be dealt with and in attempts to discuss this issue with my ex wife she maintains that "she won't pay child support" and my financial probems "aren't her problem". She is worth in excess of a million dollars and can afford as much legal help as she wants. For the sake of justice particularly a man who has dedicated himself to being the primary caregiver without any financial help in over 5 years of divorce (did not get any alimony and the E.D was heavily skewed towards my ex wife(I did not have an attorney at the time of the divorce.) I would hope someone in the legall profession would step forward to protect the rights of fathers.
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Additional Information by Category
Child Support â€"
Number of children: 2
I am the child's / children's: Father
Age of child/children: 9,12
The status of our relationship is: We are divorced and both living alone
The child/children are currently: In joint custody
The current visitation is: Unsupervised
Age: 40
Occupation: Teacher
Gross annual income is $: 70000
The other parent or spouse's occupation is: Bank President
The other parent or spouse's gross annual income is $: 170000
Ed,
It certainly sounds like your case has it share of twists and turns. Child support is not optional nor can it be waived. it appears as though your Wife would have an obligation to pay CS and all sources of income should be considered. If I can be of further assistance, feel free to call and schedule a consultation.
Sandy Durst
609.895.7380