Q: My support obligation went from two children to one. The amount stays the same. No change. Is this normal?
Oldest child turned 19 and was taken off the order. I was paying 197 a week for two children. The letter States the new amount for 1 child ( aged 16 ) will still be 197. Will it be worth getting it reduced, or would I be wasting my time?
A:
Thanks for asking your question, because this certainly comes up frequently! Since the new child support law went into effect, emancipation (the term we use for when a child is no longer in need of the financial support of their parents), as you know, becomes automatic at age 19, unless there is an exception, such as full-time college or a disability. Now that your 19-year-old is emancipated, your obligation is only to support your 16 year-old until he or she is emancipated.
A little more information is needed in order to give you a really complete answer, but from what you ask, here, it seems as though your child support is what we call "unallocated," meaning that the order does not explicitly say each child receives $98.50, rather, it simply says the amount of $197.00 is for both children. Does that seem correct? If so, then there would be no automatic reduction of the support and you would have to file a motion with the court asking that the child support amount be recalculated.
There is no specific law or statute that talks about this issue, but there have been cases that discuss what to do in this situation. Most frequently, the emancipation of one child would indeed be viewed as a change in circumstances that could warrant a reduction in the support. That "change in circumstances" standard is needed in order for the support to be changed/reduced.
I understand your uncertainty about wanting to file a motion to recalculate your support obligation. A new child support guidelines would need to be run requiring more information such as your salary, your child's other parent's salary, etc. Would any possible reduction be worth the time and expense of filing? It's hard to say without talking more with you and getting particulars about your situation. I would suggest reaching out to a family law attorney for a consultation. We have offices throughout New Jersey, but many other family attorneys offer free consults, as well.
I wish you luck and hope to have the opportunity to assit you! Regards, Bari
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
