Tag: Child custody hearing

Impact of a New Child on a Child Support Payment Monmouth and Ocean County NJ

Educating Parents on Child Support Relates Issues in Monmouth and Ocean County towns such as Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey

Impact of a New Child on a Child Support Payment Monmouth and Ocean County NJThe process of divorce is a multifaceted matter, and ensuring that any children involved in the divorce are taken care of throughout their youth is of primary concern to parents, attorneys, and the court during proceedings. During a child custody hearing, when one parent legally takes sole custody or parents share custody, the non-primary caregiver is required to pay child support. These funds ensure that the financial needs of the child, such as food, shelter, education, etc, are met, and that the custodial parent does not bear the full financial burden of raising their child. Child support is an integral part of any divorce proceeding, and if a legal separation involves children, the needs of the child will be held as the highest priority in the eyes of the court.

How is the child support amount figured?

Monthly child support payments, otherwise known as alimony, varies based on numerous factors. One such factor is how many children are involved in the divorce, as well as other children who are children of either of the parents. A judge takes into consideration the incomes of each of the parents to determine what funds would maintain the child’s lifestyle as if the parents were still together. New partner incomes are not taken into consideration during the proceedings. Other considerations that determine how much a child support payment will include whether the parents are filing for sole or shared custody, what percentage of the time children will be with each parent, and any other past child support agreements the parents are involved in.

How is child support paid in Monmouth and Ocean County NJ?

How is child support paid?After child support is determined, the person required to pay child support, called an obligor, is legally bound to make all court-ordered payments until the end of the court order, or until the New Jersey Family Court has determined the end of payments upon the filing of a request for modification of payment.

Payments are made through the New Jersey Family Support Payment Center, not directly to the child nor to the custodial parent. This could happen in the form of direct deposit or monthly checks. It is essential that payments are received on time, because in the absence of a payment, a lien is made against the obligor’s property, potentially affecting their credit or capacity to sell their property.

Can the amount of child support payments change in New Jersey?

Yes. New Jersey courts recommend that child support court order be reviewed and perhaps revised every two years because the child support agreement can change based on the needs of the child and changing circumstances in the financial life of one or both of the parents. If the custodial parent, for example, is laid off, they can petition for a review of the court order to increase child support payments.

As of February 1, 2017, child support payments automatically cease when the child turns 19, according to the New Jersey Department of Human Services. A parent may apply in the court to end support payments before the child turns 19, or even extend payments.

Does child support decrease when either party has a new child based on NJ Family Law?

If the parent paying child support starts a family or has a child with a new partner, they can apply for a deduction to the monthly child support amount they are legally required to pay. New Jersey Human Services Child Support Guidelines state that, because the addition of a new child to the family will mean financial changes, that parent will now be eligible for an Other Dependent Deduction. An Other Dependent Deduction takes into account the apportionment of a parent’s finances for all of their children; as such, as one’s family grows, their child support payments may decrease.

Does child support decrease when either party has a new child based on NJ Family Law?If you have welcomed additional children to your family and would like to apply for a modification of your child support agreement, you can apply with the New Jersey Family Court. Application for the modification due to changes in your income or changes in the child’s needs will be reviewed by the court. It is important to have an experienced attorney to support this process to ensure that your application clearly and extensively outlines your changing needs so that you receive the full extent of your request.

 

Consult a Child Support Attorney to guide you with any modification related issues you are facing

At Peter J. Bronzino Law Firm, our divorce attorneys are experienced in supporting our clients and their children across Toms River, Wall, Point Pleasant, Asbury Park in all divorce and custody matters.

To schedule a confidential case assessment with our firm today regarding your divorce and custody agreement,  please contact us online or through our Brick offices at (732) 812-3102.

Discuss Child Custody-Related Challenges with a Brick and Sea Girt Family Lawyer

Bronzino Law Firm educates and guides parents through child custody matters that can become some of the most contentious issues addressed in Ocean and Monmouth County NJ family court

Discuss Child Custody Challenges with a Brick and Sea Girt Family Lawyer Child custody battles often leave scars that may take years to heal if ever. Despite this custody battles are sometimes unavoidable in situations where you expose a safety risk to your kids, if your ex is obstructing your visitation time or if co-parenting is next to impossible. Through mediation and other forms of low conflict resolution is preferred whenever possible, in many cases going before a judge maybe your best option for safeguarding your relationship with your child, and in some cases, the very safety of your child.

Whether you are the initiate or respondent to litigation it is important to know what you’re fighting for. It is critical to enter court with compelling evidence and clear goals. For example, if your ex has been denying you access to and visitation with your child you will need to provide the court with evidence that shows the parenting time that was purposefully blocked or interfered with.

Define your Goals and Remain Focused on the Children

Moreover, your goals entering any proceeding must be clear. Are you seeking sole or primary custody and if not how much parenting time does you feel you will need to be able to meet not only your child’s but your emotional needs. You should be able to back this information up with an unambiguous statement to the judge that you’re there because you want your current parenting time plan to be enforced or that you need changes to be made.  It is critical to stay focused on your main points and not wander into other issues that may not be relevant.

Expect the Worst from Opposing Counsel and Document any Poor Parental Behavior

Given the raw emotion involved in child custody cases, you should expect that things could get ugly. Depending on the nature of your battle, you may need to face assertions from opposing counsel that are at best unflattering to you and your parenting, and at worst, completely untrue. Despite this, you must stay calm and work with your attorney to provide evidence to refute any invalid claims. On the other hand, you will have to truthfully document all your ex’s parental shortcomings to bolster your claims and your case overall. An experienced attorney can help you prepare your statements so that they are pertinent and impactful.

Tips for Navigating Child Custody Cases in Monmouth and Ocean County NJ

Child custody hearings are seldom easy. However, there are several steps you can take to be prepared and to make the process go far more smoothly and in your favor. These include:

Being organized…

  • will help you feel more in control. If you are not a naturally organized person this may sometimes be difficult but it is always helpful. Putting all documents in a notebook or file folder that you keep in a designated space will give you the peace of mind of knowing that when and if they are needed they will be available and at hand.

Compartmentalize…

  • your work on your child custody case from the rest of your life because living your custody battle 24/7 will cause you untold stress that can lead to both physical and psychological health problems. Being rested is incredibly helpful for keeping your thoughts clear and focused.

Tips for Navigating Child Custody Cases in Monmouth and Ocean County NJPracticing strategic communication…

  • can help to minimize drama and unnecessary conflict. Avoid face-to-face and phone contact as much a possible until your matter has concluded. In cases where your ex persists in writing or texting inflammatory messages or threats, Do Not Respond. In many cases, your former spouse or partner may know exactly what buttons to push in order to illicit a response. Do not take the bait. Simply print out messages and give them to your attorney. If communication is needed to be brief, informative and neutral in tone.

Practicing self-care…

  • is essential. Given that you cannot pour from an empty cup, your own health and mental well-being are critical. Don’t forget to stay up to date with medical and dental care as well as eat and sleep properly. It is recommended to shift your focus to other, positive activities whenever possible such as social engagements, hobbies, exercise, and meditation. If you feel embattled emotionally, see a therapist who specializes in high-conflict divorce.

Remember good preparation, a good mindset, and an experienced attorney are your best assets when dealing with any child custody issue.

Contact a Wall Township Child Custody Lawyer Today to Help Navigate the Challenges Ahead

If you or a loved one are going through a child custody dispute it is critical to have effective legal counsel and representation at the outset or as soon as possible. At Bronzino Law Firm, our team of attorneys is experienced in supporting and fiercely representing our clients in child custody proceedings in Toms River, Point Pleasant, Brick, Wall, Sea Girt, Spring Lake, and the greater Ocean and Monmouth County Areas.  No matter your situation you don’t have to confront it alone.

To connect with our firm today in a confidential and comprehensive assessment of your case, visit our online form or call us at  (732) 812-3102 to learn more about your options.