Hoboken Child Support Lawyer

Skilled Child Support Attorney in Hoboken, NJ

Disputes about child support can occur during divorce proceedings or after unmarried parents split up. Conflicts can also arise when parents need to modify an order due to changes in their financial circumstances. Parents living in Hoboken and elsewhere in Hudson County can contact a Hoboken child support lawyer to get assistance on how to create, modify, and enforce child support orders.

Family Law Lawyers Serving Parents in North Jersey

At The Montanari Law Group, we represent clients in Hoboken, Little Falls, and other communities in North Jersey. Our Hoboken family law attorneys can help parents with divorce, custody, child support orders, and other financial matters.

We help clients understand how New Jersey law applies to their families, and we identify realistic solutions to problems that can impact children and family finances for years to come.

How Child Support Is Calculated

In New Jersey, courts typically calculate child support according to New Jersey Court Rule 5:6A and the Child Support Guidelines in Appendix IX of the New Jersey Court Rules. New Jersey uses an income shares model that considers both parents’ incomes when determining support.

Factors that may influence the calculation include: 

• Income and allowable deductions from each parent’s income
• The number of children
• Ages of all children
• Parenting time, including overnights with each parent
• Children’s health insurance expenses
• Work-related childcare costs
• Existing support obligations in some situations

The guidelines generally offer a presumed amount of support. Judges can deviate from that amount if applying the guidelines would lead to an unreasonable result under the family’s circumstances.

What Child Support Covers

Support contributions are made towards ordinary expenses for raising a child. Food, clothing, shelter, transportation, and recreation are some of the expenses the guidelines consider. Support may also account for brief personal care purchases.

One type of expense that warrants unique consideration involves childcare costs allowing a parent to work. Child support calculations account for the work-related childcare costs. Health insurance is another expense that could impact the support calculation because premiums may be divided between parents.

Many other expenses may need to be addressed separately depending on circumstances. Disagreements can surface regarding who should cover healthcare costs that go beyond what insurance typically handles. Education, daycare, sports, and extraordinary medical costs are other examples.

Modifying a Child Support Order

While the law allows for a child support order to be modified under specific circumstances, it does not happen automatically. A modification may be granted if there is a significant change in circumstances that would deem the prior order inefficient or if the parent would not be able to reasonably fulfill the obligations.

Situations that may warrant a modification include:

• A change in employment income
• One parent being terminated from their job
• A significant change in custody or parenting time
• One parent experiencing disability
• The child’s needs changing

Regardless of the reason for the change, parents should continue to pay the ordered amount until the support order is modified. A parent who stops making payments or who pays less than ordered risks falling into arrears.

When a parent fails to pay child support, there are enforcement options in New Jersey. Methods of enforcement can include income withholding, tax refund interception, liens, license suspensions, and contempt of court proceedings.

Hudson County Child Support

According to the CDC, in a given year, 32.9% of live births were to unmarried mothers in New Jersey. Additionally, 5.6% of women between the ages of 15 and 50 gave birth in the last year in Hoboken. This highlights the need for establishing child support in the state.

Hudson County has a Child Support Enforcement Unit to assist with existing orders. You can visit the Hudson County Support Enforcement office at 595 Newark Avenue, Jersey City, NJ 07306. New Jersey residents who live in Hoboken generally visit the Hudson County Family Division for child support matters involving establishing or modifying a child support order.

Hire a Child Support Lawyer

We recommend that you hire a child support lawyer if you need to establish a support order or if disputes arise regarding income, expenses, enforcement, or modification. A Hoboken child support attorney can analyze tax returns, pay stubs, childcare bills, insurance payments, and other evidence used in calculating support.

A lawyer understands child support laws and can also determine whether a request to use a different support amount than the guidelines recommend is justified.

FAQs

Is Child Support Considered Taxable Income in New Jersey?

No, child support is not considered taxable income in New Jersey. Child support is typically not treated as income to the parent receiving it, and it is generally not tax-deductible by the parent paying it on their federal taxes either. However, parents who pay child support should keep payment records, especially if they pay outside of the NJ Probation Division or some other third-party payment interface.

Can Parents Waive Child Support in New Jersey?

Parents are free to make their own arrangements about child support, but they typically cannot waive a child’s right to financial support from their parents altogether. A judge might also examine any agreement to make sure the child is being treated fairly per New Jersey family law standards. So while two parents might initially agree that no payments should be required, there could be grounds to apply for support later should the parents’ situation change.

Can Child Support Be Ordered if the Parents Were Never Married?

Yes, child support can be ordered if the parents were never married. Unmarried parents can go through family court to work out support just like parents who are divorced.

Establishing paternity might come before support can be awarded if there is any dispute about who the child’s legal parents are. From there, support can be ordered based on the guidelines and financial information available.

Does Remarriage Affect Child Support?

Your remarriage does not directly impact your child support order. New Jersey typically looks only at the financial circumstances of the child’s parents.

That being said, your new spouse’s finances may indirectly impact your financial circumstances and overall household income standing. If a dispute arises over child support payments, your new household income could impact potential modifications.

Help in Your Child Support Case

At The Montanari Law Group, we can help you if you need assistance in calculating, developing, or modifying a child support order. Contact us today for more information.

Hoboken Child Support Lawyer Reviews

“Michael is knowledgeable, helpful, proactive, and an expert in his field. I had a very specific situation that he was able to expertly navigate and guide me through for the best possible result. I received exactly the outcome I was hoping for and it’s all thanks to the careful guidance and support of Michael and his team. Thank you again Michael!” – Aidan McGourty

“Jayna Patel was a pleasure to work with. Knowing how knowledgeable and experienced she was put me at ease during a very challenging time. She made the process easy and stress free. I would recommend her services to anyone in need of a family lawyer.” – Leyla

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