If you have children who are still considered your dependents, then you may need to pay child support after your divorce. If you are the custodial parent and are not working because you are primarily a homemaker and caretaker, then you may be able to request child support from your ex-spouse.
The New Jersey courts use an income shares model to determine support orders. The courts will determine the total support amount that the parents would spend on a child in an intact family unit and will then split this amount proportionately between parents based on their incomes.
Normally, the court calculates this amount based on the information included in the sole parenting worksheet and shared parenting worksheets issued by the New Jersey courts. The court system requires that these worksheets be used in cases in which a parent seeks to establish or modify child support orders.
These calculations can be fairly complicated. When the court calculates gross income for child support, it normally factors in all income, bonuses, interest income, rent, workers' compensation or unemployment insurance benefits, and pensions. The parents are allowed to display their deductions, and the final calculation will result in the amount of income that may be subject to child support.
Not paying child support is a serious issue. Child support that is not paid results in an arrearage. The spouse collecting the support can request an enforcement hearing in which he or she will petition that the court order the parent who owes support to make the back-due payments. The court can take drastic measures if deemed necessary.
Some of the penalties for failing to pay child support include:
Whether you are requesting child support or have been asked to pay it and would prefer not to, contact a divorce lawyer at our firm in Monmouth County. We will work to assist you with your case. Don't hesitate to call The Law Offices of O'Toole & Gunteski, LLC to get started with your petition regarding child support!