Difficult Child Support Circumstances
There are several difficult child support circumstances that you may face when you and your former spouse go about sorting these issues out. Here is what you need to know and how we can help you.
Difficult Child Support Circumstances | Can child support be enforced from out of state?
If you’re living in New Jersey with your child or children and you’re seeking child support to be paid, you would file in New Jersey against your former spouse or partner to obtain child support. The New Jersey courts have jurisdiction whether or not your spouse or former partner is located in New Jersey because they have jurisdiction over the child. Surely, you have to locate and find where your spouse is so they have proper service, but New Jersey can and will exercise jurisdiction to make sure that child support is collected on behalf of your child or children.
Difficult Child Support Circumstances | How can I terminate child support?
The courts will require you as a paying parent to pay child support so long as your child is not emancipated. Emancipation is a legal concept that generally means the child is outside of the sphere of influence of any particular parent, whether they’ve gotten married on their own, completed college, or gone into the military service. There are a multitude of factors that courts will consider in order to determine what an emancipation event is. Generally speaking, though, you should be prepared to pay child support until at least your child is 18 or graduates college.
Difficult Child Support Circumstances | Can child support be waived?
In New Jersey, the child support rights are not yours; they belong to your children, and they are designed to provide for the needs of your children. While you might be able to provide for those needs on your own, you as a parent are not able to waive the rights of your minor child with respect to child support.
Difficult Child Support Circumstances | Will I pay child support for a child who doesn’t want contact with me?
One of the most difficult things a parent can come to me with is if they have to pay child support when they don’t have a relationship with their child. Obviously, that’s a heart wrenching and detrimental experience for the parent to go through. On top of that, to be asked to contribute to a child that potentially wants nothing to do with you is devastating. The courts do recognize that, and the courts do allow, in some circumstances, to not have to pay support for a child who wants nothing to do with a parent. Generally speaking, those cases involve contribution to college, when a child is old enough to make a determination as to whether or not they know what they’re doing when they say they don’t like mommy or they don’t like daddy.
If you are facing difficult child support circumstances, please call our caring and supportive New Jersey divorce attorney today to set up a consultation and determine how you are going to handle this all.