The short answer to this question is yes; but like with any family law situation, it is way more involved and complex than a simple answer. When going through a divorce, there are a lot of factors that are taken into account when deciding not only child support payments but also the custody of the child. Who is going to be the custodial parent? What is the percentage of parenting time going to be spent between both parents? What goes into figuring out child support anyway?
Most family courts in New Jersey strive for the child to have access to both their parents. In a way, the “goal” for some courts is for there to be a shared or a joint 50/50 custody agreement. However, that may not be the most ideal situation for everyone. For example, if restraining orders are involved in the case, a parent has very high or low gross income, or if a parent has a history of abuse, the courts may favor a sole parenting agreement.
With any child support/child custody matter, family court uses the child support guidelines to calculate the amount of child support required after a divorce. There are even New Jersey child support calculators that can help give you an idea of how much child support you may be entitled to pay. These child support calculators are really a precursory glance of what your family law attorney may ask of you when going through a divorce. Some of those discussions may include but are not limited to:
- Childcare expenses
- Gross income of each parent
- Amount of child custody and overnight visits that child spends with each parent
- The number of children
- The age and health of both parents and any children
What About Biden’s Child Tax Credit?
With this latest development from Washington, it is still unclear how this will affect child support payments going forward. As an example, for shared parenting agreements, you may get penalized if both parties claim the tax credit on the same child. If that happens, you will be required to pay back the IRS the full amount of the tax credit for the previous year. It is critical now more than ever to have an experienced family law attorney on your side to make sure your rights are protected.
At the end of the day, the main goal is for the child to be supported and for that to be as equally distributed as possible between both parents, regardless of gender. At the Law Office of Jennifer Marshall, Esq., we are sensitive to your needs and can fight for you where it counts in family court. Contact our office today to start discussing your child support and child custody options.
