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child custody and child support state laws and legal information.
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Summary of New Jersey Child Custody, Child Support
and Visitation Law |
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The laws of New Jersey governing child support, child custody and child visitation are contained in the New Jersey Permanent Statues, available at this link.
To fully understand New Jersey law, it may be necessary to read and interpret statutes with case law and regulatory law. It is also important to know if law is up to date. For these and other reasons, it is always best to consult with a qualified family law attorney to know how the law applies to your particular situation. The following legal summaries are not intended as legal advice and should not be relied on as such. They are intended only as an introduction to the way that the law functions in these areas.
Child Custody in New Jersey
In New Jersey, custody determinations are based on "the best interest of the child." A court may consider the following factors in determining custody:
• parents' ability to agree, communicate, and cooperate on matters relating to the children;
• parents' willingness to accept custody and any history of unwillingness to allow visitation, unless such unwillingness was based on substantiated abuse;
• interaction and relationship of the children with their parents and siblings;
• any history of domestic violence;
• safety of the children and the safety of either parent from physical abuse by the other;
• preference of the children when they are of sufficient age and capacity to make a decision;
• needs of the children;
• stability of the home environment offered;
• quality and continuity of the children's education;
• fitness of the parents;
• geographical proximity of the parents' homes;
• extent and quality of the time spent with the children prior to and subsequent to the separation;
• parents' employment responsibilities;
• ages and number of the children.
In some cases, the Court may also interview the children themselves or appoint a guardian to represent their interests.
Child Support in New Jersey
Child support is a court-ordered payment by one parent to the custodial parent of a minor child, typically after divorce or separation. In New Jersey, the amount of child support that parents are obligated to pay is based on the income of both parents combined. Courts consider the following factors in determining the amount and duration of child support:
• needs of the child
• standard of living and economic circumstances of each parent
• all sources of income and assets of each parent
• earning ability of each parent
• need and capacity of the child for education
• age and health of each parent and child
• income, assets and earning ability of the child
• responsibility of the parent for court ordered support of others
• reasonable debts and liabilities of each parent and child
• any other factors the court deems relevant and just
New Jersey law generally requires both biological and adoptive parents to support a child until:
• The child reaches the age of majority (support may be required for a longer period if the child has special needs or is in college)
• The child goes on active military duty
• The child is declared emancipated by a court
• Parental rights and responsibilities are terminated
If a parent falls behind on his or her child support payments, the matter may be addressed in an enforcement hearing where the parent will be given an opportunity to explain why he or she has not kept up with the court-ordered payment schedule. If that parent still does not pay, steps to enforce the order will be taken. These may include garnishment of wages, tax refunds, or lottery winnings. These may also seizure of assets, such as insurance proceeds, cars, or real estate.
Child Visitation in New Jersey
Visitation refers to the right of a non-custodial parent to spend time with a child on a scheduled or regular basis. New Jersey law presumes that a child’s best interests are generally served by having strong relationships with both parents. Thus, under New Jersey law, when one parent is granted primary custody of a child, the other parent is generally granted reasonable visitation (also known as parenting time) unless a court determines that a parent’s conduct would have a substantial adverse effect on a child.
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