Parents who are in the process of seeking a divorce do not need to wait until the matter concludes. When necessary, Our Attorneys will submit a Pendente Lite Motion requesting child support payments during the pendency of the case. Other relief may be sought as part of the same motion.
Duration of Child Support
Under New Jersey law, unless otherwise specified, child support payments are due until the child has been emancipated. Previously, parents were required to return to court to prove emancipation before they could be relieved of continued support payments. Additionally, proof was necessary to show that the financial support was no longer necessary.
The age of emancipation was recently raised from eighteen to nineteen. There is no longer a prerequisite that parents go before a judge to request the termination of child support payments. However, child support payments cannot be arbitrarily ceased if any of these apply:
- Court order establishes a different age of emancipation
- Divorce decree explicitly details duration of child support obligations
- Child has special needs stemming from either physical or mental disabilities
- Court order ties continuing financial support to either secondary or college education
Modification of Child Support Orders
Certain changed circumstances may warrant a modification of a child support order. One of the parties may find that their income has changed drastically. A parent’s health may be an issue. There are a number of factors that might warrant either an increase or reduction in child support payments.
Our Attorneys have experience handling modifications of child support orders. This requires a motion in family court. The considerations used to determine the initial award will be revisited. Of course, the best interests of your child will continue to be primary.
Enforcement of Child Support Orders
Unfortunately, some choose to ignore child support orders. This leaves the burden on one parent and deprives children of the financial support due them. There are legal options available in these circumstances.
You may be expected to return to court regarding the enforcement of a child support order. For some, wage garnishments may be placed for current payments, as well as arrears. The latter could even mean an attachment to unemployment benefits, court awards and settlements, and license suspension. Those in substantial arrears may also be subject to incarceration.
Whether you are due outstanding child support or owe it, Our Attorneys can provide you with experienced legal advice. Child support is vital to ensure your children have financial means to thrive.
Are you concerned about child support? the Law Offices of DiFrancia & DeDona can assist you. Find out what you need to know by scheduling a complimentary consultation. We look forward to helping you!