If you are going through a divorce or separation in New Jersey and you need an attorney for child support, custody, or visitation issues. The attorneys at The Law Firm of Rachel S. Cotrino have extensive experience with the following Children’s Issues:
- Child Support
- Child Custody
- Child Visitation
If you are going through a divorce or separation in New Jersey and you have children, then you will need help resolving the issue of child support. Generally speaking, child support is meant to ensure that your children are able to lead healthy and productive lives despite the breakdown between you and the other parent. To help you get a better understand of the legal issues surrounding child support, here is a brief overview of New Jersey’s child support laws:
Factors to Consider Concerning Child Support in New Jersey
There are two parents in every New Jersey child support case. One is the custodial parent (or the payee). The custodial parent is the one who lives with the child and has the primary day-to-day responsibility. The other is the non-custodial parent (or the payor).
In calculating child support, judges look to NJSA 2A:34-23(a). NJSA 2A:34-23(a) provides that in determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court in those cases not governed by court rule shall consider, but not be limited to, the following factors:
(1) Needs of the child;
(2) Standard of living and economic circumstances of each parent;
(3) All sources of income and assets of each parent;
(4) Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;
(5) Need and capacity of the child for education, including higher education;
(6) Age and health of the child and each parent;
(7) Income, assets and earning ability of the child;
(8) Responsibility of the parents for the court-ordered support of others;
(9) Reasonable debts and liabilities of each child and parent; and
(10) Any other factors the court may deem relevant.
The court looks to alter the situation for a child as little as possible and keep their life normal throughout these instances. The best interests of the child will often take precedence when it comes to making a decision.
Calculation & Termination of Child Support in New Jersey
Support can be given in a number of ways. Most often it will be a recurring monthly payment until the child comes of age. After reaching 18, it is likely that child support will stop, but in some scenarios, such as a child attending college, support may be extended to cover this period of time. Support can also be terminated if the child becomes an active member of the military, is emancipated through the court, or is adopted by someone else
Modifying an Order of Child Support in New Jersey
Sometimes there may be a need to change the amount of child support. Either parent can request a modification (change) to a child support obligation. Some of the common situations regarding a modification of child support include:
- An increase in the cost of living
- An increase or a decrease in the either parents’ income
- A parent or child suffered a serious illness or disability
Child support is an extremely important issue that needs to be put in capable hands. If you are looking for help regarding child support in New Jersey, then contact our office today for a consultation.
When a married couple with children decides to divorce, the issue of child custody becomes a priority. Our lawyers have the knowledge and the experience to help you with child custody issues in New Jersey.
In New Jersey, custody consists of both legal custody (a parent’s authority to make major decisions regarding a child’s health, education, or general welfare) and physical custody (referring to a child’s physical presence with a parent). New Jersey law does not favor any particular custody arrangement. Joint legal custody is common, but judges often find that it’s in a child’s best interest to have a primary physical home with a parenting plan that provides a schedule for a child to spent time at the other parent’s home. Because each case concerning child custody is different, New Jersey’s courts consider several factors to determine custody including:
- The parents’ ability to agree, communicate and cooperate in matters relating to the child;
- The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
- The interaction and relationship of the child with its parents and siblings;
- The history of domestic violence, if any;
- The safety of the child and the safety of either parent from physical abuse by the other parent;
- The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
- The needs of the child;
- The stability of the home environment offered;
- The quality and continuity of the child’s education;
- The fitness of the parents;
- The geographical proximity of the parents’ homes;
- The extent and quality of the time spent with the child prior to or subsequent to the separation;
- The parents’ employment responsibilities; and
- The age and number of the children.
If you are going through a divorce and there are children from your marriage, then contact our office immediately. We will thoroughly review your situation, analyze all information regarding your divorce and custody issues, advise you of your legal options, and help you determine how best to proceed.
Depending on the circumstances, visitation may be reasonable, fixed, supervised. With reasonable visitation, the parents do not have a set schedule. Instead, the parenting time occurs whenever it is reasonable for both parties. A fixed schedule designates specific times on specific days for the noncustodial parent to spend with the children. Supervised visitation requires a professional or close relative to monitor parenting time. Supervised visitation occurs when the non-custodial parent presents a risk to a child’s well-being such as in cases of domestic violence or drug use.
There are few things stronger than a parent’s love for their child which makes visitation issues very emotional and oftentimes volatile. In other words, our family law attorneys understand how important child visitation rights and scheduling are in any divorce. Let us help you. Contact our office today to get started on working on a parenting schedule that works best for you and your family.