YES! Although there are parents who reach verbal agreements to assist with buying diapers or food for the child that is not in their care, those verbal agreements are not enforceable in court. The parent of primary residence (the parent who lives with the child for over 50% of the time) will sometimes, in an effort to keep a relationship civil and foster a relationship with the child and the other parent, may chose to waive child support, but it is important to remember that child support is about both parents contributing to the financial well-being of the child.
Child support can be used for housing-related expenses, food, furniture, toys, medical expenses, and extra-curricular costs like expenses associated with sports, lessons, and school field trips. While parties may comply with verbal agreements, absent a court order, there is no way to enforce those agreements should circumstances change. Obtaining an order for child support provides a way to enforce payment and recover money that has not been paid (arrears).
You have to file a motion to apply for child support. If you cannot afford an attorney, you should contact your local Legal Services office for advice. The Legal Services offices in New Jersey are:
Central Jersey Legal Services (with offices in Middlesex, Mercer and Union County)
Main phone number – (732) 249-7600
Essex-Newark Legal Services (office in Newark)
Main phone number – (973) 824-3000
Legal Services of Northwest Jersey (with offices in Somerset, Hunterdon, Warren, Morris and Sussex County)
Main phone number – (908) 231-0840
Northeast New Jersey Legal Services (with offices in Hudson, Bergen and Passaic County).
Main phone number – (201) 792-6363
South Jersey Legal Services (with offices in Camden, Atlantic, Burlington, Cape May, Cumberland, Gloucester, Monmouth, Ocean, and Salem County).
Main phone number – 1-800-496-4570
If you cannot afford an attorney and you are not eligible for Legal Services, you can represent yourself, which is called “pro-se”. You can find the forms you need and instructions on how to file the papers at the New Jersey Courts website which is www.njcourts.gov/self-help.
The cost of a motion for child support is $50.00. If you cannot afford the filing fees you can file an application to request that the Court waive the fees. This application can also be found on the NJ Courts website.
When you file a motion for child support, you will include your last three paystubs, your W-2 from the previous year, and tax returns from the previous year. Child support will be calculated by the court by using the Child Support Guidelines Worksheet – a program that determines the amount of child support based on the number of children, their ages, income of each parent, the number of overnights the child spends with each parent, work-related child care costs and the cost of health care insurance for the child.
Once the motion is filed and served on the other party, the court will schedule a hearing to calculate child support. You will have the option to request that the other party’s wages be garnished – support payments are taken directly from the payor’s pay check and deposited into either the payee’s bank account or to the New Jersey Debit Card in the payee’s name and is used just like a regular debit card.
The most important thing to remember about child support is that it is about the child! Don’t let the process overwhelm you when Legal Services are available to explain the process and answer your questions.
