This article will provide you with an overview of child support in New Jersey. It is not intended to provide any legal advice. You should always consult with an attorney before you engage in any legal action including divorces and child support motions. Thus, the purpose of this article is to allow you to have a more intelligent discussion with your attorney so that you can better understand and evaluate his or her advice. Please keep in mind that this article only provides a brief overview of child support. The law on this subject is vast and there are numerous issues that will not be addressed.

How to ask a court to set, increase or reduce child support

In order to force the other parent to pay child support, you have to file a motion with your local county court. Your attorney will draft all of the forms for you and provide you with forms that you will need to print out. A motion includes a notice of motion, a certification and a proposed form of order. You will also need a few other forms. However, the exact forms you need depend on whether you are divorced (or in the process) or whether you have never been married to the other parent.

If you have filed for divorce or you are already divorced, your docket number will begin with FM. A docket number is how every case is tracked in the court system. In addition to your motion, you will need to pay a $30 filing fee and fill out a case information statement. If you absolutely must file the motion pro se, you should go here: http://www.jackventurilaw.com/CM/Custom/Resources.asp to get the document "How to Ask the Court to Change or Enforce an Order in Your Case. A CIS is available from the same site.

If you are not married, or married and legally separated, your document number will begin with FD. You can use the same document to get more information about your case but you should always contact the court to get more information about what documents you will need to file. Unlike FM docket motions, there is no filing fee. In addition, instead of filling out a CIS, you only need to fill out Financial Statement for Summary Support Actions, which is included in the above packet.

Who will set the child support amount

Due to the high volume of cases and the lack of judges in our system, most litigants seeking a change in child support will not see a judge. Instead, you will see a hearing officer that is well versed in child support law. Although they are not judges, they should be afforded the same amount of respect.

How is child support calculated

Child support is not just a number pulled out of the air. Instead, it is based on the child support guidelines which are estimates of what parents in intact families spend on their children. Because spending on children will vary with the income of each family, the incomes of both parties are used to determine the child support award. The child support worksheet is used by the court to enter the required data that will be used to calculate the award. Although gross income is used, the actual child support award is based on the combined net income of the parents. Generally, net income is gross income minus income taxes, mandatory union dues, mandatory retirement, and previously ordered child support payments.

Pay stubs and taxes

Although the court notice for the child support hearing will indicate that each party must bring their last three pay stubs and the most recent tax documents, this evidence is largely ignored by the court due to the high volume of cases and the number of pro se litigants that don't know any better. Your attorney should demand that both sides produce all of the required documents so that the child support award is not based upon the statements of one or both parties.

Do the guidelines apply to everyone?

The guidelines are applicable for parties with a joint net income range from $170 per week to $2,900 per week. In addition, the guidelines are applicable to parties with up to six children. For parties that fall outside these qualifications, a court will set the child support award based on numerous factors.

Internet child support calculators

Attorneys spend a lot of money to obtain the most up to date child support calculators so that they can provide the court with a copy of the child support worksheet for their case. There would be no reason to do this if child support calculators on the Internet were accurate. Many attorneys, such as myself, provide free consultations. If you would like to know if you are not receiving or paying the correct amount of child support, contact an attorney.

What does child support cover?

Child support is meant to cover the basic expenses associated with raising a child including clothing, food, shelter and entertainment. Other expenses such as child care expenses, health insurance for the child, predictable and recurring health care expenses in excess of $250 per child per year, special needs of gifted or disabled children, private elementary or secondary education, and visitation transportation expenses are added to basic child support award. As always, proof of these expenses should be forwarded to the court and the other party.

Quitting a job, getting fired and working under the table

New Jersey courts do not allow a parent to be unemployed, underemployed or have unreported income to avoid paying income taxes. At the same time, courts cannot force a parent to work. The solution is to impute income to either parent when that person is not making the amount of income that they could be making. When someone voluntarily leaves a job for a low paying job, the analysis is fairly straightforward. That party will have a very difficult task to prove that this change in employment was necessary. If not, the amount imputed to that party will usually be the salary of the previous employment. If the person is fired but alleges that the party cannot find a job with comparable pay, the analysis is more complex. Often times, that party will have to prove that they have diligently sought employment to no avail. If a person is working under the table, a hearing may have to be held to determine the amount they could be making. A vocational expert may be employed by either or both parties to determine the skills of a party and the amount they are capable of making.

Not happy with the child support award?

If a hearing officer sets an award that either party is not happy with, they can ask to see a judge. This will usually be done the same day. If a judge sets a child support award, each party has 45 days to file an appeal with the Appellate Division. This is very complicated and it is strongly advised that an attorney handle the appeal for you.

When can the child support be modified?

A child support award can be modified based upon changed circumstances at any time. This can include a significant change in either parties' income. Otherwise, either party can seek to modify support every three years.

When will child support end?

In order for child support to end, either party (almost always the obligor) has to file a motion for emancipation. There is no automatic termination; so, if no one files, it just continues. Thus, the question everyone asks is when does emancipation occur. The answer to this question is not clear cut and the various scenarios, exceptions and laws could be an article unto itself. An 18 year old who graduates high school and does not go to college or other trade school or a child who graduates college or fails out of college is a good place to start. This area of the law can be very complicated and the law is constantly evolving so I suggest you call an attorney before doing anything.

Conclusion

As previously mentioned, there are numerous other issues associated with child support that cannot be covered in this article. Furthermore, this article should not be treated as legal advice. Representing yourself pro se is usually a bad idea. For every person that obtains a good result without an attorney, there are probably dozens of people that did not get a good result because they were not prepared or did not understand the law. Pro se litigants are treated the same as attorneys and if you are not familiar with the relevant case law, there will be no one there to give you crash course in child support law. If you cannot afford an attorney, contact legal services of new jersey or your local bar association to see if they have a reduced fee program.

I represent clients across the entire state of New Jersey and my initial consultations are always free. So if you have any questions, don't hesitate to call my office.

Jef Henninger, Esq. is an attorney with Jack Venturi & Associates. He has four offices in New Jersey: Toms River, New Brunswick, Eatontown and Monroe. His practice focuses on white collar crime, criminal defense, family law, small business litigation and identity theft. For more information, visit http://www.jackventurilaw.com/