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As we have read in the tabloids the supermodel Linda Evangelista has moved for child support for her four year old son, whose father is Francois-Henri Pinault, husband of Salma Hayek. She is asking for $46,000/month. Is this what it costs to raise a four year old? How will the court or the lawyers possibly decide? Common sense says no, but it is rumored that Evangelista earned 2 million dollars last year and Pinault is worth 11.5 billion.
In New Jersey (as in other states), child support is governed by the Child Support Guidelines which are a part of the New Jersey Court Rules. The Guidelines are applicable up to a net combined income of $3600/wk. ($187,200/yr.). In families where the income exceeds that amount (i.e. Evangelista/Pinault) the Court must add a discretionary amount of child support to the minimum basic award- that which would be awarded for $187,200/yr. For one child in New Jersey that amount would be $453/wk. ($1963/mo.) The Court would have to make a big jump to the $46,000/mo. requested by Ms. Evangelista.
Even for families with incomes less than $187,200/yr. net the Child Support Guidelines can be complex and confusing. Childcare, medical insurance and the number of overnights the child/children spend with each parent are taken into consideration.
For questions regarding child support in your particular situation, or enforcement or modification of child support, contact one of our Family Law Attorneys at (908) 879-9499.
The newest celebrity divorce of the week is Jennifer Lopez and Marc Anthony. Some reporters seem surprised, others not so much. Celebrity divorces do seem to happen with increasing frequency. So is this the trend in Hollywood, or all over the U.S.?
Statistics vary when it comes to divorce rates, but one thing is very clear. There are a lot of divorcing couples. It is often said that the divorce rate in the U.S. is 50%. However, some studies say that rate is only for first marriages. For second marriages the studies vary between 60% and 67% and for third marriages 73 to 74%. Since this was JLo’s third marriage the break up is not surprising, at least statistically speaking.
What does all this mean to families in New Jersey? It certainly is sobering to think about. However, these statistics do have one impact that we see as divorce attorneys. With the rates so high, the resources for families going through divorce have increased tenfold in the last 20 years. Children are much more likely to have many friends whose parents are divorced. It is in fact quite common to hear children making plans for the weekend with the question “which house are you at this weekend?”
Schools also are very cognizant of changing family dynamics. Many schools have programs for children of divorced parents such as the club the Banana Splits.
For information on resources and programs available to help as you go through the divorce process contact one of our attorneys at Iandoli & Edens.
It is the responsibility of both parents to ensure that the needs of their children are met. Child Support in New Jersey is in most cases based upon the New Jersey Child Support Guidelines. The support amount is based upon the income of both parents and the average amount that intact families spend on their children. There are cases where the child support guidelines are not appropriate because the parents earn either too much or too little to fit within the parameters of the guidelines.
The obligation to pay child support ends upon a child’s emancipation when they are deemed to no longer be in need of their parent’s support. When is a child emancipated? This is an important question for both the person receiving child support and the person paying child support; not to mention the children themselves. There is no simple answer. Child support in New Jersey does not simply or automatically terminate at 18. Emancipation can be triggered by numerous events such as graduation from high school/college, marriage of the child, enlistment of the child in the military or termination of parental rights. Certain events, such as college can extend a child’s emancipation date into their early twenties. It must be remembered that the goal of child support is just that, support of the children’s needs.
If you have questions about child support please do not hesitate to contact us at (908) 879-9499.
Do you know an unwed couple that is ending their relationship? Are there children born of that relationship? Is each parent unsure about what to expect from the other?
Both mother and father have obligations to each other and to their child, whether that obligation is financial or otherwise. These obligations should be addressed immediately before either party relocates to another jurisdiction or becomes unreachable. It is best to obtain a Court Order outlining each party’s responsibilities as soon as possible. Each individual case consists of facts that make some issues more important than others; however, custody, visitation, child support, life insurance and medical insurance are routinely some of the most important issues. Other issues such as college contribution and the amount of child support paid during the child’s attendance at college, although important, can be left open for future negotiation.
Please remember that every case is unique. You should consult with an attorney for independent legal advice. If you have any additional questions, or to set up a consultation with one of our attorneys, please call us at (908) 879-9499.
