New Jersey Child Support Laws
In our more than 25 years of family law, at Strich Law Firm, PC, we have encountered every child support situation possible. In general terms, the payor wants to minimize their obligation and the payee. wants to maximize the child support amount that they are receiving. New Jersey child support laws have, fortunately, developed guidelines that take much guesswork and opportunities for conflict out of the equation. However, there are definitely exceptions to the rule, for example, in cases in which there are children from another marriage or relationship. Also, New Jersey law has special provisions regarding extending support into college years. In our practice, we try to emphasize what makes the most sense for all parties involved, especially so that the children's interests are taken into account. If you have questions about child support, contact an attorney well-versed in New Jersey child support laws for a free initial consultation.
New Jersey Child Support Factors
For the most part, New Jersey child support guidelines account for many common factors that pertain to the most families. For example, the child support guidelines account for child care expenses, healthcare expenses, overnights spent with the child, unreimbursed medical expenses and alimony. At Strich Law Firm, PC, our attorneys have the experience and skills to analyze each family's unique situation and assist clients in making child support decisions that take into account not just the current situation but what may happen in the future as well.
An example of a common issue that attoneys encounter when determining the child support obligation occurs when one or both parents are self-empoyed. If one parent is self-employed, it is often difficult to determine their actual annual income versus the income that they claim on their tax returns and the value of the business and what should the annualized income be versus what is reported on that parent's income tax return? How should bonuses be handled? If you are concerned about establishing the right amount of child support for you and your children, contact an experienced family law attorney today.
New Jersey Spousal Support and Alimony
In the State of New Jersey there are currently four types of alimony:
- Limited duration alimony;
- Permanent alimony;
- Rehabilitative alimony
- Reimbursement alimony;
Permanent alimony is paid from the date of divorce until the death of either party or the remarriage of the receiving spouse, although there are always other factors for the award of permanent alimony that depend on the particular case.
Limited duration alimony is paid for a specific term. Usually duration alimony is not modified except in unusual cases. Limited duration alimony can continue to the end of the term notwithstanding a remarriage of the receiving spouse depending on the award.
Rehabilitative alimony is a short term award of alimony to enable the former spouse to contemplate the preparation necessary for economic self-sufficiency and ceases when the dependant spouse is in a position of self support. Rehabilitative alimony is appropriate when one spouse gave up or postponed their education to support the household and requires a lump sum or a short term award to achieve economic self-sufficiency. Rehabilitative alimony is not appropriate where the supported spouse is unable to return to the job market or has already attained economic self-sufficiency.
Although there is no formula for determining spousal support , case law has provided some guidance as to factors to be considered in making n alimony determinations. These factors include:
- The actual needs and the ability of a party to pay;
- The length of the marriage;
- The age and health condition of each of the parties;
- The standard of living established while married;
- The earning capacities of the parties, as well as the education level, job training, and skills;
- The length of absence from the job market of the party seeking maintenance;
- The parental role of each party;
- The time and expense necessary to acquire sufficient education or training to become self-supporting;
- The participation each spouse had the acquisition of marital assets;
- The property award;
- Any income producing assets;
- The consequences to both parties;
- Any other factors which the court may deem relevant. (New Jersey Statutes - Title 2 A - Chapters: 34-23)
Although these are the factors listed by Statute, the four most significant factors that a Court takes into account are:
- The actual need of the dependant spouse;
- The ability of the supporting spouse to pay;
- The standard of living established in the marriage; and
- The duration of the marriage.
If you have questions about New Jersey spousal support and alimony matters, contact an experienced divorce lawyer at Strich Law Firm, PC, for assistance now.
Strich Law Firm, PC
4105 US Route 1
Suite 9
Monmouth Junction, New Jersey, 08852
Phone: (732) 438 3880
Fax: (732) 438 3885
www.strichlaw.com
At the Strich Law Firm, in Monmouth Junction, New Jersey, we proudly provide legal servicesto individuals and families in the entire region, including the counties of Middlesex, Mercer, Monmouth, Somerset, and Union; along with the cities of Monmouth Junction, Cranbury, Princeton, North, South, East and New Brunswick