If you have lost custody and do not have visitation rights, you may be wondering whether you have to continue paying child support. Read on to learn more about child support and visitation rights in New Jersey.
How is custody determined?
When making a custody decision, a judge is working to do what is in the child’s best interest. In order to do that, a judge will consider some of the following factors:
- The relationship between the child and each parent
- The parent’s willingness to accept custody
- Any history of domestic abuse and substance abuse
- The needs and safety of the child
- The physical and mental health of each parent
- The geographical proximity of the parents’ homes
- The preference of the child if they are of sufficient age
- The stability that each parent can provide
- The ability of the parent to act in their child’s best interests
- The work schedule and lifestyle of each parent
If a parent is deemed unfit to parent, he or she will likely be awarded visitation. However, this is not always the case.
How is child support determined?
Child support is a complex matter. The point of child support is to ensure that the child’s standard of living is the same as, or better than, before the divorce. To determine how much child support a parent owes, a judge will consider:
- The child custody arrangement you and your spouse currently have in place
- Your child’s needs
- You and your spouse’s earning capacity
- You and your spouse’s age and health
- The age and health of your child
- Whether your child has any special needs
- Whether your child is seeking higher education, such as college
- Whether you or your spouse have any liabilities
- You and your spouse’s standard of living
- You and your spouse’s yearly income
Do I have to pay child support if I don’t have visitation?
If you do not have visitation rights, you will still have to pay child support. In New Jersey, child support and visitation are not related.
What if I don’t pay child support?
If you do not pay court-ordered child support, you can face serious legal repercussions, such as heavy fines, wage garnishments, property seizures, or even jail time.
If you have any questions or concerns about child support in New Jersey, our firm is here to help.
Contact our Firm
We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928