When you and your spouse separate, one of the most highly contested issues regards child custody. Once custody is established, parents may then disagree over child support. Unfortunately, many assume if they make less than the custodial parent, they will not have to pay child support. However, this is far from the truth. The following blog explores what happens if the custodial parent earns a significantly higher income and how a Somerset County child support attorney can help guide you during this complex process.
How Is Child Support Determined in New Jersey?
Child support payments go from one parent to the other, typically from the non-custodial to the custodial parent, to help cover expenses related to the child. This includes the cost of living, housing, healthcare, and education.
In New Jersey, it’s necessary to understand the elements that influence child support orders. Generally, the following factors will be taken into consideration when determining child support payments:
- How many children the parents have together
- Each parent’s income, including second jobs and investments
- The standard of living the children were used to during the marriage
- The age and health of each parent
- The child custody schedule and parenting time arrangement
If I Earn More Than My Ex, Are They Still Supposed to Pay Child Support?
It’s believed that all parents have financial responsibility for their children, making it imperative to understand that even if the custodial parent makes a higher income and thus can provide for their children, the non-custodial parent will still make child support payments. Essentially, the court considers what the financial situation would look like if the parents were still together. Even though the lower-earning spouse does not have the same income, they would still provide for the child. As such, they are ordered to pay child support.
What If My Ex Won’t Comply With the Support Order?
If you find that your ex-spouse is not complying with their orders to pay child support, you may be incredibly frustrated. However, it’s imperative to handle this situation with care. You should not keep your children from court-ordered visits or overnights in retaliation, as this can only harm you in the long run.
You should contact an attorney as soon as possible to discuss your legal options to recover the funds your children are entitled to. A lawyer can explore if filing a contempt of court motion or seeking court intervention to help you recover the funds is best for your circumstances.
At the Siragusa Law Firm, we understand how complex child support cases can be. That’s why our team is dedicated to helping you through these frustrating circumstances to fight for the best interests of your children. After all, they will suffer if your ex isn’t complying with their financial obligations. Contact our dedicated team today to learn how we can assist you with any issues you may face regarding child support.
