11. Are child support awards increased for a Cost of Living Adjustment?
All child support orders are adjusted every two years to reflect any increase in the cost of living. The cost of living adjustment will be based on the average change in the Consumer Price Index (CPI) for New Jersey. The most current CPI figures can be obtained from the US Department of Labor, Bureau of Vital Statistics, or from the New Jersey Law Journal.Â
12. What if a person loses their job, or if the amount of their pay is reduced, does this guarantee that child support will be reduced?
A decrease in available income is not a guarantee that the support obligation will be decreased. In order to justify a downward modification of child support, the decrease in income must be permanent in nature. The support payor must be able to prove that after numerous attempts, that he could not find a decent paying job. The payor spouse will have to create a paper trail to prove to the court that he has been diligently seeking employment. Copies of e-mails, and correspondences to prospective employers, must be attached to any application to any motions to reduce child support. Moreover, in order to obtain a child support reduction, a support payor must be able to prove that the decrease in income was involuntary. A father cannot voluntarily remain under employed. Additionally, a parent cannot voluntarily retire or take a much lower job than he is qualified for in order to purposefully avoid paying for child support.Â
13. Can the court impute income to a person if he is purposefully unemployed or underemployed?
 If the court believes that a father is purposefully unemployed or underemployed, then the court will impute income to the party. Imputed income is what the court estimates what the “deadbeat dad†day should be earning. The Child Support Guidelines require that the court to impute income based on the person’s potential employment, earning capacity, work history, job qualification, educational background, and regional opportunities. The court imputes income based on the parent’s former job and as reported by the New Jersey Division of Labor. The Division of Labor published a book every year called the New Jersey Occupational Wages Survey. This book has an average income of every job and profession in every county in New Jersey. In summary, there is no escape to pay for child support. If a man just does not feel like working, then a judge will just look into the New Jersey Occupational Wages Survey and find the average salary that the person should make. This book is also used to ascertain income for the classic self-employed person who always hides or under reports his income.Â
14. When does child support terminate?
A child support order will terminate once the child becomes emancipated. Emancipated basically means that the child can take care of themselves. Because self-reliance can occur at any age and under any given set of facts, there is no set age when a child will be determined to be emancipated. Many people erroneously believe that once the child turns 18 then their child support ends. This is not the case in New Jersey. The State of New Jersey has some of the strictest child support laws in the United States. In most property settlement agreements the parties will delineate as to what events or circumstances will define an emancipation. When an agreement does not exist, the courts generally will presume that a child becomes emancipated at the age of 18. The Child Support Guidelines do not apply to a child who is 18 years or older and no longer in high school or any other secondary educational institution. A child often will be declared emancipated when the child marries or if the child has his or her own child. Additionally, a child may be declared emancipated if he or she enters into the military.
15. Does a person have to pay for the college costs for their child?
The courts have viewed education as a necessity. The recent trend in New Jersey has been to require parents to pay for the college costs for their children. Therefore, if the child is attending college, then it is very unlikely that a court will grant an emancipation motion. When a court makes a decision as to whether or not to require a parent to pay for a child’s college education and related expenses, the court must consider the complete set of facts of each case. The court will analyze the following factors to assess if a parent should pay for a child’s college costs; (1) the effect of the background, values, and goals of the parent on the reasonableness of the expectation of the child for higher education; (2) the amount of contribution sought by the child for the cost of the higher education; (3) the ability of the parent to pay that cost; (4) the relationship of the requested contribution to the kind of school or course of study sought by the child; (5) the financial resources of both parties; (6) the commitment to and aptitude of the child for the requested education; (7) the financial resources of the child, including assets held individually or in custodianship or trust; (8) the ability of the child to earn income during the school year or on vacation; (9) the availability of financial aid in the form of college grants; (10) the child’s relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; (11) the relationship of education requested to any prior training and to the overall long range goals of the child. The decision on whether or not a parent should pay for the college costs rests in the court’s hand. However, there is a strong trend towards requiring parents, if they are financial capable, to pay for the college. In most cases, the courts will not require the payor to pay for college and for child support at the same time. However, once again the key issue is how much money the payor who is usually the father has.Â
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