Q: Does NJ automatically make you pay child support after a divorce?
My fiance is still married to his ex because they are both afraid the state will make him pay more child support than they have agreed upon together. Will an NJ judge make him pay more than that if they try to get divorced?
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A: The amount of child support can be agreed to in a property settlement agreement, which is signed by both parties and is incorporated into the Judgment of Divorce. The Judge will not question the terms of the agreement. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
A:
Thank you for your question.
If your fiancé and his ex have agreement as to the amount and when child support will be paid and it is in writing, then the Court will accept the agreement. However, if there is nothing in writing with regard to same, then the Court will calculate child support according to a formula known as the Child Support Guidelines in New Jersey. When calculating a child support amount, the guidelines take into consideration your incomes, overnight visitations, health care premium payments and more. I suggest that you meet with an experienced family law attorney to discuss the specifics of your matter.
I hope this information was helpful to you.
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