Child Support and Alimony
If you are considering or are currently going through a divorce in New Jersey, child and spousal support routinely play a significant role in your divorce settlement negotiations.
Child custody and support are usually the most emotionally charged issues when it comes to family law. Paying child support is not optional; New Jersey state law requires it. In most cases, the amount of child support to be paid will be determined by a calculation utilizing the gross incomes of both parents and the number of overnights each parent has with the child(ren). Additionally, when calculating child support there are several other “credits” that may be considered, including but not limited to the cost of health care premiums and support paid by one of the parents outside of the current relationship.
However, there are some cases where a standard calculation is not a fit for every family. In these cases, rulings are made by the court that goes above or below the state guidelines. These cases are the exception and courts have a complicated statutory scheme to follow when making such rulings.
Whenever changes occur that can affect your children, you want those issues resolved as quickly and with as few complications as possible. So when it comes to the modification or enforcement of child custody or support, it is important that you consult with an experienced family law attorney who can evaluate your case and help you with the challenges of this evolving area of the law.
We have experience in child custody and support cases. Every case is different, with some more complicated than others. Whatever your case entails, you can count on us for a caring and assertive approach to resolving your issues.
In New Jersey, spousal support (alimony) is determined by the court pursuant to N.J.S.A. 2A:34-23, which looks primarily at the disparity of gross income between two spouses, their necessary and reasonable living expenses, the duration of the marriage and several other factors.
Unlike child support payments, spousal support payments are not calculated according to a formula determined by law. Each case is different, and the court will take into consideration the length of the marriage, personal income, any medical disability, work history, educational background, and several other factors.
The court will use this information to determine if spousal support is necessary, the amount of spousal support that must be paid, and how long it must be paid. Both men and women can be required to pay spousal support and it is never a “given” in any case, which is why it is critical that you obtain experienced legal help.