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child support (1)

Last week we addressed what child support was. This week we are going to address what sources of income the Court looks at to determine a parent’s gross income.  Child support under the New Jersey Child Support Guidelines is based on both parents being responsible for the financial needs of their children.  The child support guidelines use the combined net income of both parents to determine the child support amount.  Generally, net income is gross income minus mandatory taxes, mandatory union dues, mandatory retirement, previously ordered child support orders and if appropriate a theoretical child support amount for other dependents.  Gross income can come from employment, business income, real estate gains, interest and dividend income, rental income, alimony and other sources as well.  For a party  who is not employed the Court may impute income to them – that is assign income to them that will be used in the child support guidelines.

If you have any questions regarding child support and how it relates to your family we are available to discuss your concerns with you, please call our firm at 908-879-9499.

whatarethechildsupportguidelines

 

First of all – What is child support? Why ask?  Everyone knows.  Right?  Maybe not.

Child support is not alimony. Although the person receiving the child support could be your ex-spouse, the actual support is not for them, but for the child.  Child support is paid from the non-custodial parent to the custodial parent.  In New Jersey guidelines were developed to assist litigants and the Courts in establishing fair and adequate child support awards.  Three basic premises of the New Jersey Child Support Guidelines are:  (1)  Child Support is the continuous duty of both parents (2) Children are entitled to share in the current income of both parents and (3) Children should not be the economic victims of divorce or out-of-wedlock birth.

The New Jersey Child Support Guidelines seek to determine what percentage of an intact family’s income is used toward the children and recreate that same percentage in a separated two-parent home. With that being said, it’s acknowledged that raising children between two households is very different than raising children in one.  The child support amount can often seen out of touch with the reality of the situation.  Nevertheless, the child support guidelines pursuant to Court Rule must be used as a rebuttable presumption in all cases that are establishing or modifying child support.  The types of cases can range from domestic violence matters, temporary support orders while the divorce is pending, interstate support cases, foster care, public assistance matters and post-judgment divorce cases.  Understanding the child support guidelines is an essential part of any child support case.

If you have any questions regarding child support and how it relates to your family we are available to discuss your concerns with you, please call our firm at 908-879-9499.

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