For couples with children, child support issues can be one of the toughest parts of separating. Whether you're filing for divorce, breaking up, or co-parenting with someone you're no longer involved with, you'll need to go through the courts. If you live in Bergen County, New Jersey, you'll face several steps, starting with filing an application. Understanding the process can help you know what to expect.
The Lento Law Firm Education Law Team helps parents navigate the custody process in New Jersey. We understand that it can be tricky, and we work hard to help you understand what to expect. If you're dealing with custody issues in Bergen County, give us a call at 888-535-3686 or fill out our confidential contact form.
Understanding Child Support in Bergen County
As the most populous county in New Jersey, Bergen County is an ideal setting for raising children. The county is home to Hackensack and Paramus, so residents have access to shops, restaurants, local services, and great schools.
Bergen County's courts follow New Jersey laws when it comes to divorce, legal separation, and child custody issues. For non-custodial parents, child support will be decided based on state guidelines, including a calculation involving both parents' income and other factors. New Jersey child support is designed to provide housing, food, transportation, and other living expenses for each child involved.
Child Support During Divorce in Bergen County
In many cases, Bergen County residents work out child custody and support as part of divorce proceedings. This goes through the Bergen County Court Family Division in Hackensack. As part of the divorce process, you'll be required to complete a Case Information Statement (CIS) that gathers information about both parties. Information includes:
- Any health and life insurance policies you hold.
- Detailed income sources and amounts.
- Any other child support you're receiving or paying.
- Monthly expenses.
Spouses will be given the opportunity to agree on a child support amount as part of a Marital Settlement Agreement. If you can't agree on an amount, the court will use a calculation to determine which spouse will pay and how much that payment will be. This judgment will be part of the final divorce decree.
Filing for Non-Divorce Child Support in Bergen County
As with other states, New Jersey's stance is that both parents are equally responsible for providing support and care for their child(ren). If you want the courts to handle collecting and delivering child support between parents, New Jersey offers three application options:
- Download the application form from the New Jersey Child Support Services website
- Obtain a form in person at the Bergen County Board of Social Services
- Request an application by calling 1-877-NJ KIDS1
Once you've completed your application, you'll need to submit it. You can upload it directly to the Courts through the Judiciary Electronic Document Submission portal or mail it to the Bergen County Justice Center at 10 Main Street in Hackensack. The courts charge a one-time $6 application fee.
The application will require you to provide extensive details about both parents. This includes:
- Any public assistance you're receiving
- Any payments you've privately made to the other parent
- Social Security numbers of both parents
- Employment information on both parents
- Financial information for both parents
Establishing Paternity in Bergen County
Unless the parents were married at the time the child was born, paternity will need to be established before a child support request can proceed. First, courts will look at whether the father is listed on the birth certificate. If the parents weren't married and the father signed a voluntary acknowledgment, he's legally considered the father.
In cases where a father is not already legally established, the court can order genetic testing. You'll need to submit a complaint for paternity establishment with the family court. You can do this on your own, but if you need genetic testing to establish paternity, it's always best to go through an attorney who understands the process. Our legal team can help you understand your rights and file paperwork on your behalf.
Court Proceedings for Child Support Issues
When a child support request isn't part of a divorce, New Jersey courts put it in the category of a non-dissolution case. These cases include:
- Child custody
- Parenting time and visitation
- Establishing paternity
- Child support
- Spousal support
- Health insurance coverage
Once your application for child support is approved, the Bergen County Family Court will schedule a hearing, notifying both parents of the date, time, and place. You'll need to bring the following:
- Your birth certificate
- Your child's birth certificate
- Proof of income, such as a paystub
- Address, phone numbers, and other contact information
On your court date, your case will either be heard by a child support hearing officer or a judge, but once the hearing is complete, a judge will review and sign the order.
How Bergen County Calculates Child Support
The New Jersey Department of Human Services outlines eight major steps used by the state's courts to calculate child support:
- The court gathers all income for both parents, including salaries, overtime, unemployment benefits, and lottery winnings. Public assistance like welfare doesn't count toward income. If a parent doesn't work, the courts calculate the earning capabilities of that parent and use it as that parent's income.
- Any taxes and other required deductions that come out of your income are subtracted from the above amount.
- The court combines the net income of each parent into a family pot, then uses the Guidelines chart to determine the basic child support award based on the number of children involved.
- The court determines exactly how much income each parent contributes to the pot in a given month. If both parents earn about the same, the pot is split evenly. But in most cases, one parent earns more. When that happens, the parent with more money will be determined to pay a bigger share toward the family pot.
- The court will then factor in how much of the time each parent will have custody of the kid(s). If one parent has a greater share of days with the child(ren) each week, support will be adjusted to reflect it.
- Any special expenses like childcare or health insurance are then factored into the split. If one parent receives child support, alimony, or certain government benefits, those will also be factored in.
- The courts build in discretion when it comes to leaving one parent too poor. In the end, though, the best interests of the child take priority.
- Once all the above steps have been completed, the result is a final support order. If parents, lawyers, or the court wants to adjust the amount, justification will have to be provided to successfully override the order.
If you're concerned about what to expect in the final support order, you don't have to wait. New Jersey has a child support calculator that can give you a general idea of how the calculation will go.
Turnaround Time on Child Support Orders
In most cases, the time to establish child support from start to finish is about 90 days. Once the court support order is in place, you'll typically start receiving payments within two weeks, assuming the other parent pays as directed. The state will have to set up direct deposit, and each payment will process after about two working days of receipt.
That's assuming you know where the other parent lives. If not, things can get a little complicated. Some parents also deal with another parent's refusal to pay, at which point the probation department will take over. Steps the state will take to enforce child support orders include:
- Garnishing wages through the other parent's employer
- Taking past-due amounts from tax refunds
- Taking past-due amounts from lottery winnings
- Reporting the delinquency to credit reporting agencies
- Taking the funds via property seizure, including bank accounts, insurance proceeds, cars, boats, or real estate
- Returning the case to court
The Role of the Lento Law Firm in Child Support Cases
Navigating the process of requesting child support can be challenging, particularly if you aren't familiar with the court system. When child support and custody issues are part of the divorce process, you already have an attorney to guide you through everything. When proceedings happen outside of divorce, though, legal counsel plays an important role.
The Lento Law Firm can help parents understand their rights and obligations in child support cases. Our services include:
- Guidance: Child support requests come with applications and other forms. We'll work with you to complete all necessary paperwork, including detailing your income.
- Preparing for hearings: An important part of the process is your appearance in front of the judge. We'll work with you in the days leading up to the hearing to help ensure you get the best outcome.
- Modification: Over the years parents pay child support, circumstances usually change. We'll help you request court modifications to child support orders when necessary.
- Enforcement: When the other parent doesn't follow through on court-ordered obligations, we can help you navigate the process of requesting enforcement.
The Lento Law Firm Touch
If you're requesting child support in Bergen County, the Lento Law Firm Family Law Team can help. Our team has years of experience with navigating New Jersey's family courts and can advise you on what to expect from start to finish. Call us at 888-535-3686 or complete this confidential contact form.
