Child support is an essential payment that is critical to most custodial parents regardless of their income. Parents strive to give their children the best life they can and child support is a major tool to achieve that when the dating or marital relationship does not work and the home is now a one income household. In our state, child support is calculated by way of guidelines. I have attached a sample guideline for you to review the elements that go into the calculation SAMPLEGUIDELINE. As you can see, the weekly gross income of both parties is needed. Then if either party receives or pays alimony, that goes into the equation as does any mandatory union dues. If the payor has other dependent deductions (has children that he or she pays child support for) that goes into line 2d. The program will then produce a number that is “total child support amount.” From there health insurance premiums for the child or children per week goes into the formula and the cost of work related daycare. From there a final amount is determined that the payor must pay. The guideline can be deviated upwards or downwards depending on the argument such as if the payor has a large student debt payment, that may be considered by some judges.
The amount ordered by the court can be paid direct to the custodial parent or can be paid via probation where they keep track of all payments. Probation can also garnish a person’s wages to collect the weekly or bi-weekly amount. Many courts also use the “2 missed payment enforcement method” where if the payor misses two consecutive payments, a warrant can be issued for his or her arrest.
One thing to remember is that the calculation is only as good as the information that goes into it. So if you believe the non-custodial parent makes more money or has more assets than revealed, it is very important to tell your attorney because the lawyer can find out if he or she has bank accounts and other methods to get to the truth.
If you have a child support case in Morris County or the surrounding areas, contact the Artusa Law Firm on 201-706-7012 or 201-706-7910 today.