Freehold, NJ asked in Child Support and Divorce for New Jersey

Q: It states that the age of a child when the initial child support order is entered, is she used to calc CS. When is that?

Let me be more specific. My daughter was 11 when my husband filed divorce papers, but 12 when we negotiated and then were granted our divorce in court. Is that when one parent first files for divorce? Or when it is granted?

Related Topics:
2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Clifton, NJ
  • Licensed in New Jersey

A: Child support in New Jersey is based on the child support guidelines. Realistically, the age of the child can be considered but is rarely a factor. More information about your case (which is more than what anyone should publish online) is required. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: I think you may be mixing apples with oranges with your question. Under NJ’s child support guidelines, there is a presumption that teenagers are more expensive than younger children - so if the guidelines are first calculated when a child is 13 years old or older, the court has the right to add an additional 14.3% to the guideline amount to reflect the additional costs incurred for the child BUT if the guidelines were first put in place when the child was young ( ie age 3), you would not add the teenager adjustment since the guideline amount from 3 -13 gave you a bump up in expense of raising your child during those years - that’s why the question is whether the calculation is the first or whether it’s a recalculation.

And date of importance is when the actual guidelines are run and put in place - not when the complaint for divorce is filed.

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.