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In most cases, a parent that does not have custody of a child will question why they are required to pay child support. If you find yourself in this situation, read on and reach out to our dedicated Bergen County child support attorney today.

How do New Jersey courts determine child support?

New Jersey courts will assess a number of different factors when deciding the amount of child support one spouse should provide for the other. One of the most crucial factors that are looked at is if one spouse was financially independent in the marriage. In the event that you were the spouse who acquired a higher yearly income, there is a very high chance that you will owe child support, and the less your former spouse makes, the more you may owe. Furthermore, courts in New Jersey will also look at whether your child has special needs, whether your child plans on receiving higher education or attending university, and many other factors revolving around your child’s best interests. The courts will make their decisions based on the child’s best interests.

Will I have to pay child support even if I do not have visitation rights?

If you are the supporting parent, you will need to recognize that child support is not conditional on child custody. Essentially, regardless of your custody agreement, even if your former spouse has sole custody of your child if the courts determine that you must pay child support, you are required to do so. In the event that you fail to make your regular child support payments, you will face a series of very severe consequences that will be enforced by New Jersey courts.

With that being said, you should recognize that in many circumstances, you may have your support agreement changed. For instance, when a child reaches a certain age, he or she may no longer be entitled to support payments. Also, if your child is financially independent, he or she may also no longer qualify for child support. On the other hand, however, you should recognize that if your child has special needs or is preparing to go to college, as the parent receiving the support you can ask for an extension on your support agreement, even if your child has reached an age where support would otherwise be concluded. Do not wait to reach out to our firm today if you have any additional questions.


Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.

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