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Newark Child Support Lawyer

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Newark Child Support Lawyer

Child Support Attorney in Newark

The outcome of a child support case can have life-altering consequences for the entire family. A Newark child support lawyer can explain New Jersey’s complex child support laws. They can also make sure you and your child’s rights are being protected during legal proceedings.

Hire a Child Support Lawyer

The attorneys at The Montanari Law Group, LLC, have extensive experience in dealing with all facets of family law. We have spent over 20 combined years helping New Jersey residents with these matters.

When facing a case with your child’s other parent, it’s natural to want to know New Jersey’s laws on child support. Because of their complexity, it is wise to consult an experienced lawyer, as they can explain what laws pertain to your unique situation. The Montanari Law Group, LLC, offers initial consultations to families in Newark who need to understand their legal rights.

How Child Support Is Determined

With 25% of Newark residents being under 18 years old, child support cases are common for Newark family courts. Both parents are legally responsible for financially supporting their children.

The New Jersey Child Support Guidelines were created to help courts decide fair child support amounts. These guidelines use data that reflects how much parents usually spend on their kids when living together. They aim to give children similar financial support, even if the family changes.

The amount of monthly child support is decided by New Jersey courts. They also determine who will be the one paying it. They calculate support by considering multiple factors.

The most crucial factor is how much money each parent makes. This includes income, expenses, assets, and debts. The average income in Newark was $36,128.50 as of 2023. The parent with custody is assumed to spend their share directly on the child’s daily needs. The non-custodial parent pays their share through support payments.

Other crucial factors include how many children are in the family and how much time each parent spends with the child.

The Child Support Guidelines are assumed to be correct unless a parent and their legal team show the court a good reason to change them. The court can adjust the guidelines if it would be unfair to follow them in a particular case.

Child support typically ends when the child turns 18. However, it can continue for children up to age 23 if they are in school full-time or are disabled.

How Child Support Is Enforced

Probation Child Support Enforcement oversees the collection of child support. When a parent does not pay support, this agency takes steps to enforce these orders. They’ll withhold money directly from a parent’s paycheck if payments aren’t made. They can also:

  • Schedule enforcement hearings. The court holds these hearings to review compliance and address any issues with unpaid child support.
  • Suspend the parent’s driver’s or other licenses.
  • Seize money from bank accounts.
  • Intercept tax refunds.
  • Intercept lottery winnings.
  • Place liens on property. The court can claim the parent’s property to make sure they pay back any unpaid child support.
  • Take money from settlements.
  • Issue bench warrants. This is when a judge orders the police to arrest a parent who has failed to appear in court when required.
  • Deny passports.
  • Report unpaid support to credit bureaus.

Child support is often paid through income withholding. This means support payments are automatically deducted from your wages. It’s important to file quickly if your income changes, as you can be penalized for missing payments. The paying parent must report any job changes within 10 days.

Not paying child support is a serious offense. It’s important to hire a child support lawyer to represent you during your case and make sure you’re in compliance with the law.

Why You Need a Newark Child Support Attorney

The attorneys at The Montanari Law Group, LLC, can navigate the legal process of establishing, modifying, or enforcing child support orders. We can assist in gathering the necessary financial documents to support your case. Our team can represent your interests at the Essex County Family Courthouse, located at 212 Washington Street.

We frequently handle negotiations with the other parent to reach agreements that benefit the whole family. Our team can reduce any stress you may be having over your case. We pride ourselves on our empathetic legal service and are proud to support New Jersey communities during challenging cases.

FAQs

Q: How Long Does It Take to Receive Child Support Payments After a Court Order?

A: It depends on your situation and the services you request. Establishing a support order usually takes 90 days or less. Payments generally start about two weeks after the order is finalized if the paying parent follows the instructions. Payments are sent within two working days after the state receives them.

Q: What Can Child Support Pay for in New Jersey?

A: Child support usually goes toward basic needs, like:

  • Housing
  • Food
  • Clothing
  • Healthcare
  • Childcare
  • Education expenses
  • Extracurricular activities

Child support may also cover transportation costs related to the child, any special medical needs, and maintaining the child’s standard of living. Child support is not for the personal expenses of the parents.

Q: Can I Get Child Support, Even If I Wasn’t Married to My Child’s Other Parent?

A: Child support is not dependent on whether the parents are married or living together. The court calculates child support based on what both parents would likely spend on the child if they lived together. The calculation considers several factors, like:

  • The child’s needs
  • Each parent’s income and earning ability
  • The number of children
  • Healthcare costs
  • Childcare expenses

Q: What Happens If the Paying Parent Moves Out of New Jersey?

A: If the parent who has to pay child support moves to another state, the New Jersey Child Support Agency can work with the employer in that new state to deduct child support payments directly from their wages. If this doesn’t work, you may need to file a request with the courts in the new state to enforce the support order.

Speak With a Trusted Newark Child Support Attorney

Whatever the specific details of your case, The Montanari Law Group, LLC, can support you. We offer parents in Newark and the surrounding areas initial consultations to discuss their concerns and needs. Contact our team today to learn how we can assist you during your case.

Contact Us Today To Speak With Our Experienced attorneys

Call Us Today 973-785-8181

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