The complex legal web that makes up the rules governing child support can be difficult to untangle, but by understanding these basic facts you can have a better understanding of how the system works and what your role in it is, whether you are paying child support or receiving it.
First, it is important to understand that New Jersey law recognizes the following basic facts:
- It is the duty of both parents to support their children, even if they were never married
- A child has a right to benefit from the income of both parents
- Children should be protected from the economic ramifications of divorce or out-of-wedlock birth
Child support orders generally come from the courts. In such cases, the non-custodial parent will be ordered to make child support payments to the custodial parent. These payments are based on the income of the non-custodial parent.
Child support facts many judges won’t tell you include:
- The income of the custodial parent does not matter. Child support is based on the non-custodial parent’s income regardless of how much the custodial parent makes.
- A parent cannot decline child support on behalf of their child. Technically, those child support payments belong to the child and are intended to assist in providing for them.
- Child support is not taxable, nor is it tax deductible.
- Missing child support payments is technically a criminal act, if a child support court order is in place.
For more details, it is best to consult with a child support lawyer in New Jersey.
Child support payments are enforced under the law. When it comes to enforcement, enforcement agencies and/or personnel are obligated to:
- Ensure that child support is paid
- Collect past due child support
- Collecting spousal support (if applicable)
Whether you are paying support payments or are the custodial parent, you might consider consulting with a NJ child support lawyer to better understand your rights. Remember, a custodial parent has a legal right to court ordered child support payments, and a non-custodial parent has a legal obligation to make those payments.
Important facts regarding the non-payment of child support include:
- Lottery winnings over $600 can be withheld in order to clear up child support payments that are in arrears.
- Child support payments can be taken from your unemployment or disability payments.
- Failure to pay child support can be reported to credit bureaus, and therefore can impact your credit.
- Homestead rebates and tax returns can also be used to pay late child support payments.
- If a non-custodial parent who owes child support has money in the bank or owns stocks and bonds, those assets can be seized to pay the child support.
- A person’s drivers license can be suspended for non-payment of child support.
- A person’s passport application or renewal can be denied for non-payment of child support.
For complete information on Child Support laws in New Jersey, visit http://www.judiciary.state.nj.us/csguide/