How Does Child Support Work?
Child support is the continuing monetary support by one parent to the custodial parent or guardian of a child or children for their financial benefit following the dissolution of a marriage or other relationship. It’s a given that raising a child is very expensive. It’s difficult enough for two parents to raise children, but when the relationship dissolves and one parent is given custody, the situation tends to become more critical. Needless to say, child support payments are an important part of a child’s maintenance. This is why the courts take child support so seriously. Each state has its own laws concerning such issues as divorce and child support. If you’re a parent living in NJ who is considering a legal separation or divorce, it’s important to consult with a family law attorney in NJ before you make any decisions concerning your child’s welfare. Following are further details about how child support works that will help you reach an informed decision.
Guidelines
The goal of child support is to maintain a child’s same standard of living even following the break-up of the parents. Child support is intended to provide what courts consider a child’s most significant and basic needs, such as food, shelter, clothing, day care or babysitting, medical care, and educational needs. Each state has its own guidelines governing the establishment of child support, and these laws often vary significantly from one state to another. For instance, courts in New Jersey typically set the amount of child support based on the New Jersey Child Support Guidelines. Generally, judges governing family law cases in your state will rely on those state guidelines in order to determine the amount of child support that will be paid. When it comes to determining the child support amount, courts take into consideration all income less mandatory deductions such as taxes and Social Security paid. It’s important to know that, when it comes to child support, debts such as car payments are not considered in when determining net income from which to decide how much support a non-custodial parent will pay.
Child Support Models
States typically use one of three child support models to determine the amount of child support that will be paid. These include:
Guidelines
The goal of child support is to maintain a child’s same standard of living even following the break-up of the parents. Child support is intended to provide what courts consider a child’s most significant and basic needs, such as food, shelter, clothing, day care or babysitting, medical care, and educational needs. Each state has its own guidelines governing the establishment of child support, and these laws often vary significantly from one state to another. For instance, courts in New Jersey typically set the amount of child support based on the New Jersey Child Support Guidelines. Generally, judges governing family law cases in your state will rely on those state guidelines in order to determine the amount of child support that will be paid. When it comes to determining the child support amount, courts take into consideration all income less mandatory deductions such as taxes and Social Security paid. It’s important to know that, when it comes to child support, debts such as car payments are not considered in when determining net income from which to decide how much support a non-custodial parent will pay.
Child Support Models
States typically use one of three child support models to determine the amount of child support that will be paid. These include:
- The Income Shares Model, which determines child support amounts by using a percentage of the combined income of both parents.
- The Percentage of Income Model, which determines child support amounts by using a percentage of only the non-custodial parent’s income without considering the custodial parent’s income.
- The Melson Formula, a type of ‘income shares model,’ which aids parents’ basic needs along with considering the needs of the child.
Custodial and Non-Custodial Parents
The custodial parent is the parent with whom a child lives, while the non-custodial parent is the parent with whom the child does not live but tends to have visitation rights. When determining the amount the non-custodial parent will pay the custodial parent in support for the child or children, the time spent with each parent will be a factor. If parents have shared or joint custody, a breakdown of how much time the child spends with each parent will be a significant factor in determining child support. In cases where one parent earns significantly more than the other, that parent may receive an order from the court to pay child support regardless of equal time being spent with both parents.
Additional Expenses
Though the courts determine a child support payment amount based on a child’s basic needs such as clothing, shelter, and food, they also can order additional payments to be made. For instance, if it is determined that a child needs braces or other medical care, the non-custodial parent can be ordered to contribute to those expenses.
Duration of Child Support
Court orders for child support payments will be ongoing, typically to be made monthly to the custodial parent and continuing to your state’s legal ‘age of maturity.’ In most states, child support stops at the age of 18 or when the child finishes high school. Some states continue child support orders until the age of 21. Additionally, if parents are in agreement, in some cases child support can continue until a child graduates college.
Child support laws differ from state to state. For this reason, it can be difficult navigating the laws governing child support in order to determine your legal obligations. If you’re a parent in New Jersey, contact a top family law attorney near you to schedule a consultation.
The custodial parent is the parent with whom a child lives, while the non-custodial parent is the parent with whom the child does not live but tends to have visitation rights. When determining the amount the non-custodial parent will pay the custodial parent in support for the child or children, the time spent with each parent will be a factor. If parents have shared or joint custody, a breakdown of how much time the child spends with each parent will be a significant factor in determining child support. In cases where one parent earns significantly more than the other, that parent may receive an order from the court to pay child support regardless of equal time being spent with both parents.
Additional Expenses
Though the courts determine a child support payment amount based on a child’s basic needs such as clothing, shelter, and food, they also can order additional payments to be made. For instance, if it is determined that a child needs braces or other medical care, the non-custodial parent can be ordered to contribute to those expenses.
Duration of Child Support
Court orders for child support payments will be ongoing, typically to be made monthly to the custodial parent and continuing to your state’s legal ‘age of maturity.’ In most states, child support stops at the age of 18 or when the child finishes high school. Some states continue child support orders until the age of 21. Additionally, if parents are in agreement, in some cases child support can continue until a child graduates college.
Child support laws differ from state to state. For this reason, it can be difficult navigating the laws governing child support in order to determine your legal obligations. If you’re a parent in New Jersey, contact a top family law attorney near you to schedule a consultation.