New Jersey law states that both parents must provide support for their children. If only one parent hascustody of the children, the other parent must pay child support. If both parents share custody of the children then both parents will owe child support.
To begin receiving child support, a parent must fill out an application and file it with the New Jersey Department of Human Services (NJDHS). For the application, the petitioning parent must supply a mailing address, their Social Security Number, current financial situation, and as much information as possible about the other parent. Such details like the known mailing address, height, eye color, hair color, weight, and any other key features. A parent petitioning for child support should know as much as possible about the other parent in order to file a child support claim.
If the mother of the child is filing the application then the father of the child must be determined if it is not already determined via birth certificate or record. If it is not determined it may be established by either the father voluntarily submitting a document declaring his paternity, or through genetic testing.
If one parent fails to pay required child support the other parent may file a motion for contempt. This allows a New Jersey court to declare the non-paying parent in contempt of court. Being found in contempt allows for the court to use various measures to extract payment. Some of these are ordering the non-paying parent’s property to be sold, affect the non-paying parent's credit score, the non-paying parent be jailed, have the required payment garnished from the non-paying parent’s paycheck, and garnish the payment from the non-paying parents’ tax refund.
If the non-paying parent does not receive the required payments they may go to the Department of Human Services, specifically their Probation Division, and request various methods of extracting the payment from the paying parent. As mentioned above, the other parent may have their wages garnished or the amount due can come out of the other parent’s tax refund.
It’s important that the petitioning parent not accept child support directly from the other parent. All child support payments must be made through the New Jersey Family Support Payment Center (NJFSPC).
Child support may be terminated by a court order either through petition by one of the parents or both parents agreement to cease child support. In New Jersey, child support automatically terminates when the child is emancipated or reaches age 19 but, as of 2016, it can be extended to the age of 23. It can be extended if the child is in high school, full-time in college/university, or is considered to have a disability under federal or state standards. Child support automatically terminates if the child, under the age of 19, marries, enters military service, or passes away.
If you'd like to petition or adjust a child support order and need a lawyer to help you in the process, then contact a New Jersey family lawyer today to get the help you need.
Last Modified: 05-05-2017 01:31 PM PDTLaw Library Disclaimer
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