Free New Jersey Family Law FAQs | Free New Jersey Family Law Legal Documents

Can I Change A Child Support Amount If I Need To?

Mon, 14 Apr 2008 12:04:38 GMT

Yes, but to change it, you must go through a process like the one when the child support order was entered. Whoever wants the change must file papers at the Court, and ask for a hearing or conference. The law says that whoever wants the change has to prove that there are major changes in their money situation that they can`t control, and that the changes are going to last for a long time. If there is a good reason, the Court can recalculate the child support. Another law says that support cases can be reviewed every three years to see if the support amount should go up or down, because of the cost of living or changes in income. Newer child support orders are subject to a COLA (costoflivingadjustment) and can go up without a hearing in some situations.

Can I Get A Copy Of The Guidelines?

Thu, 10 Apr 2008 18:29:25 GMT

Sure, but get ready for some heavy reading. The complete text and charts of the Guidelines is more than 100 pages (in fullsize type). The Guidelines in NJ are a Court Rule. The Rule number is 5:6A (the actual charts are an Appendix to the Rule, in the back of the Court Rules Book). Most major libraries in the State have a copy that you can read or photocopy. All law libraries in the courthouses have public copies.

Can I Get The Judge To Make An Exception For My Case?

Fri, 11 Apr 2008 20:53:25 GMT

Maybe, but you will need to do your homework! The law says the Court must apply the Guidelines unless there is a very special reason not to use them. If you want an exception made for your case, you must be ready to show the Court the special reason. Some of the reasons listed in the law are high medical bills (with no insurance to cover them), bills relating to caring for elderly or sick parents, or a parent who is disabled and cannot work. You can also ask for an exception for other reasons but it has to be a very good reason, and you will probably be asked to prove it. If you want to ask the Court for an exception, bring papers from doctors that prove you have a disability or have elderly parents to care for. Bring your exceptional medical bills that you must pay. To get an exception, you must ask for it, have a very good reason, and be ready to prove why you need it. Simply saying the child support amount is too high, (or not high enough) won`t do the trick.

Do The Guidelines Apply To Everybody?

Fri, 11 Apr 2008 20:37:36 GMT

Almost everybody. The law says that the guidelines apply unless a family has more than 6 kids (that`s where the charts end). It`s the Court`s decision whether to apply the Guidelines or make exceptions in special cases. Some examples of special cases are voluntary placement fostercare situations, or children who are especially gifted or disabled. If you want to read more about special circumstances where the Court can decide not to use the Guidelines, read the section of the Guidelines called Appendix IXA.

Does My Support Order Automatically End When My Child Reached Age 18?

Thu, 10 Apr 2008 17:48:01 GMT

No. There is no fixed age in New Jersey when support stops. Once your child turns 18 and/or becomes financially independent, either you or the other parent must file papers with the court asking that the order be terminated or adjusted. Based on the facts, the court will decide if the child still needs a support from the parents. This is known as emancipation. Generally, the court presumes that children under 18 need support from their parents. In some cases, support may continue through college or longer. Support may terminate automatically if your current order specifies a date, age or circumstance when support stops.

How Can I Find Out If A Payment Has Been Made?

Thu, 10 Apr 2008 17:36:52 GMT

The easiest way to find out if a payment has been made is to call the Child Support Hotline at 1800621KIDS. This is a tollfree, 24hour service that provides payment, tax refund offset and general child support information. It is updated every night. The hotline also lets you leave a message for your caseworker. If you call, you will be asked to enter your case number (it begins with a CS).

How Can I Get More Information?

Mon, 14 Apr 2008 12:11:19 GMT

Each County Court has a Family Division Office. They should be able to point you in the right direction to get the information you need.

How Do I Apply For These Services?

Wed, 09 Apr 2008 19:03:45 GMT

To apply for child support services, contact your local county office. You can get an application at your county`s Board of Social Services (or Welfare office) or Family Court. Information and applications are also available through the state`s child support services website, www.njchildsupport.org, or by calling 1877NJKIDS1. There is a onetime, $6 fee to apply for full child support services. If you receive public assistance, there is no fee. You can also request partial child support services.

How Do They Decide What My Fair Share Of Child Support Is?

Fri, 11 Apr 2008 19:59:38 GMT

There are a number of steps to calculating child support under the guidelines: Determining income and deductions, using the Guidelines charts, calculating both parents` shares, and taking care of special addons, deductions, and poverty tests. All of the steps are very important to doing the Guidelines right. You can help by making sure you bring all of the information and papers you have about your money, taxes, and things like child care and health care insurance to your support hearing or conference. If you bring all of your information, you can help make sure you pay or receive the right amount.

How Does The Court Set The Amount Of My Child Support?

Wed, 09 Apr 2008 19:29:43 GMT

Generally, the court sets the amount of support using the New Jersey Child Support Guidelines. The support amount is based on the income of both parents and the average amount that intact families spend on their children. The support guidelines are in appendix IXA of the New Jersey Court Rules. The Court Rules can be found in either the law library at the county courthouse or the county`s public library.

How Is Child Support Paid?

Wed, 09 Apr 2008 19:42:06 GMT

In 1990, federal law changed to require child support payments to be automatically deducted from the noncustodial parent`s paycheck. This is called income withholding. In these cases, the employer sends a check to the child support agency, which then sends a check to the custodial parent. This makes it easier for both the custodial parent to receive timely, regular payments, and for the noncustodial parent to take easy care of his obligation. If the custodial parent is on public assistance, the check goes to the agency that provides the assistance. However, the custodial parent will receive the first $50 of each month`s current child support payment. There are certain cases when a judge will determine another way for the noncustodial parent to pay support. Income withholding can also be applied to unemployment benefits, Social Security benefits, disability payments, and other income the noncustodial parent may receive. If the noncustodial parent is selfemployed, the court order for child support sets out how support will be paid.

How Long Will It Be Before I Receive Payments?

Thu, 10 Apr 2008 17:29:31 GMT

This depends on the circumstances of your case and the services you want. If you know where the noncustodial parent lives, establishing a support order usually takes 90 days or less. Generally, payments start about two weeks after the order is entered if the noncustodial parent pays as directed. Once the account is set up, payments will be processed and sent within two working days after the state receives the payment. If you need other services such as location or paternity establishment, it may take longer before you start receiving payment. If you already have a support order issued in New Jersey, it take about 14 working days to set up an account and notify the noncustodial parent how to make payments. You will not receive a support payment, however, if the noncustodial parent does not pay. Please be patient after you file the application for services. It takes time to notify everyone about hearings, the legal rights and payment procedures. Once an account is established and the noncustodial parent is paying, you should receive payments on a regular basis.

In New Jersey, Can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?

Sun, 12 Jul 2009 01:39:31 GMT

Yes, New Jersey law allows spouses to include modification or elimination of spousal support in their prenuptial agreement. However, a court may amend the prenuptial agreement provision regarding spousal support if it unconscionable at the time it is enforced. A spousal support provision is unconscionable in New Jersey if it leaves a party without reasonable means of support, it leaves a party dependent on public assistance or it leaves a party with a standard of living far below the standard of living enjoyed during the marriage.

What Are Child Support Services?

Wed, 09 Apr 2008 18:46:50 GMT

Child support services include locating the parent who has a responsibility to support their child(ren); legally determining if a person is the biological parent of your child; obtaining an order for child support; collecting support payments; keeping accurate records of payments; and enforcing the support order.

What If I Need An Increase In My Support Order Or Health Insurance For My Children?

Tue, 29 May 2007 21:19:00 GMT

The law allows you to request your County Board of Social Service Agency to review the amount of your child support order at least once every three years from the date the order is entered or modified by the court. The review is based on the current income of the parents, the New Jersey child support guidelines and whether there is a 20 percent change between the current and new award. The review may result in an increase, decrease, or no change in the amount of support. Additionally, you can ask the agency to help you get health insurance for your child(ren) if it is not included in your current order. To request a review of the amount of child support or that health insurance be added to the support order, you must write to your County Board of Social Services Agency. You can also request that the court increase your order anytime your circumstances change (reduced income or increased need) by filing a motion either by yourself or through an attorney. Cases established or modified after Sept. 1, 1998 will be eligible for a cost of living increase every two years. The increase is based on the 24month average of the consumer price index for our region.

What If The Father Won't Admit That He Is The Father?

Wed, 09 Apr 2008 19:21:09 GMT

If the father does not agree that the child is his, a genetic test must be done. If the test scores 95% of higher, the man is presumed by law to be the father.

What If The Non-Custodial Parent Doesn't Pay?

Wed, 09 Apr 2008 19:50:49 GMT

If the noncustodial parent doesn`t pay, Probation will take steps to enforce the order. If not previously ordered, this may include requiring the noncustodial parent`s employer to take money out of his or her pay, having the pastdue amount taken out of a tax refund or lottery winnings, returning the case to court or reporting the delinquency to a credit reporting agency. Probation can also execute on the noncustodial parent`s property such as bank accounts, insurance proceeds, cars, boats, or real estate.

What If The Non-Custodial Parent Moves To Another State?

Wed, 09 Apr 2008 19:58:11 GMT

If the noncustodial parent moves out of New Jersey, the Child Support Agency will be able to get an outofstate employer to take the support amount from his or her wages. If this doesn`t work, you need to file a petition asking that the other state enforce your support order through its courts. The local office will let you know if this is necessary, and it will help you file the papers. Although there is no cost for filing the petition, some states charge a small fee for processing payments and may deduct it from the collection before it is sent to you.

What Is Acses?

Wed, 09 Apr 2008 19:18:08 GMT

ACSES is the child support computer system. It stands for Automated Child Support Enforcement System. This is where we store information about your case. It also keeps a record of all payments that are made or owed. If the noncustodial parent does not pay, ACSES automatically starts taking action to enforce the order. It also keeps a record of everything that happens on your case.

What Steps are Necessary to Enter a Valid Premarital Agreement in New Jersey?

Sun, 12 Jul 2009 02:22:15 GMT

New Jersey prenuptial agreements should be in writing and signed by both parties. Prenuptial agreements will be deemed enforceable unless the agreement was not entered into voluntarily, one or both parties did not have access to independent counsel or one or both parties did not disclose all of his or her financial assets and liabilities.

Where Do The Numbers On The Guidelines Charts Come From?

Thu, 10 Apr 2008 18:59:47 GMT

The numbers come from huge research studies done by the government. Many thousands of families fillout surveys and show how much they earn and spend. Then they matchup families into groups by how much money they earn. Finally, they compare families with kids to families without kids in each money group. The difference between what families with kids and families without kids spend is what goes into the charts. Experts believe this difference in spending is the best measurement of what it costs to raise children.

Who Can Get These Services?

Wed, 09 Apr 2008 18:56:36 GMT

You can get child support services if you live in New Jersey, are the parent or legal guardian of the child(ren) and if the child(ren) for whom you are seeking support live with you.

Who Can I Call For More Information?

Thu, 10 Apr 2008 18:12:26 GMT

If you have any questions, the Child Support information line at 1877NJKIDS1 can help. The phone numbers for the county agencies are listed in the Local Offices section of this web site.

Who Is The Custodial Parent?

Wed, 09 Apr 2008 19:09:16 GMT

The custodial parent is the parent who has custody of the child and who has filed for support services. A grandparent, relative or guardian of the child(ren) may be the custodial parent if that person has custody and has filed for support services. Support payments are paid through the state to the custodial parent who uses them for the child(ren).

Who Is The Non-Custodial Parent?

Wed, 09 Apr 2008 19:12:52 GMT

The noncustodial parent is the person who has a responsibility to support the child(ren) and who is ordered to pay support to the custodial parent through the Child Support program.

Who Provides These Services?

Wed, 09 Apr 2008 18:52:55 GMT

In New Jersey, the Division of Family Development (the State Title IVD agency), county welfare agencies, the Administrative Office of the Courts, the County Family Divisions of the Superior Court and County Probation Division work together to provide support services to your family.

Why Are There Child Support Guidelines In The First Place?

Thu, 10 Apr 2008 18:20:57 GMT

The federal government says that every State must have child support guidelines, and that the guidelines must get updated every few years. Experts believe that having mandatory guidelines gives children everywhere their fair share of support from both parents. This means that children who live with only one parent, or split time between two parents can live as well as children who share their homes with both of their parents in an intact family.

Why Don't They Ask About My Expenses?

Fri, 11 Apr 2008 20:12:02 GMT

The support amount is based on what you earn not what you spend. For most of us, there is a limit to what we can earn, because of the company we work for, the value of the job(s) we do, or the number of hours in a day. We only have so much control over what we earn. BUT, we can control (or fail to control) what we spend. For example, you can buy an expensive new luxury car, and spend a lot. Or, you can buy a used economy car and spend very little. If child support were based only on what was left over after the money was spent, there would not be much left in many, many families. Many families actually spend more than they earn, by using loans and credit. (Kids can`t support themselves, and the law puts kids first. Therefore, child support is based on the total earnings of parents with only a few mandatory things, like taxes, deducted. It would never be fair to children to base support on what is left over after expenses.

Free Child Abuse FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Child Abuse FAQs

Free Child Care Information for Parents FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Child Care Information for Parents FAQs

Free Child Care Information for Providers FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Child Care Information for Providers FAQs

Free Child Custody and Visitation FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Child Custody and Visitation FAQs

Free Child Support FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Child Support FAQs

Free Child Support Father Right FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Child Support Father Right FAQs

Free Custody and Child Support FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Custody and Child Support FAQs

Free Divorce and Bankruptcy FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Divorce and Bankruptcy FAQs

Free Marriage FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Marriage FAQs

Free Mediation FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Mediation FAQs

Free Military Divorce FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Military Divorce FAQs

Free Paternity FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Paternity FAQs

Free Prenuptial Agreements FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Prenuptial Agreements FAQs

Free Separation and Divorce FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Separation and Divorce FAQs

Free Spousal Support FAQs

Sun, 29 Nov 2009 06:23:37 GMT

Free Spousal Support FAQs