How Child Support is Paid in NJ

In New Jersey there are three different ways one can collect on a child support award that is granted per the terms of your divorce.  And while as a NJ divorce mediator I am all in favor of keeping it friendly, sometimes the easy route isn’t always the best route.  Before we begin, allow me to remind you of a few important facts about child support in NJ.  First is that child support is a non-tax issue. That means it is simply a transfer of funds from one party to another to cover their share of the parenting expenses for the parties’ children.  It is not deemed as income to one party or a tax deduction to the other – it is a completely tax-neutral transaction.  The second important note on child support is that it is the obligation of BOTH parties to pay child support.  While it may appear as if one party is actually paying, that simply represents the difference in the two parties’ shares.

How Child Support is Paid in NJ Option 1 – The Direct Pay Method

The easiest way to pay child support is to set up a schedule of payments on a weekly, bi-weekly or monthly basis and simply write a personal check from one party to the other.   As I am fan of using technology to make things easier on everyone, you may also wish to consider setting up a regularly occurring debit from one parties’ account to the other.  This way the payments are made directly and there’s no need for one party to go to the mailbox and the other to go to the bank.  The pro of this method is that it’s easy and the con is that you’re trusting the other party to pay.  And while I’d like to believe parents will always do the right thing and pay their child support on time, it’s not always (sadly) the case.

How Child Support is Paid in NJ Option 2 – Wage Garnishment

In this case if necessary you can appeal to the courts for a wage garnishment as child support is a contractual obligation and enforceable with garnishment.  If you choose to pursue this route, you will need to first obtain an order form the courts allowing the garnishment and then work with the ex-spouses’ employer to have the garnishment put into effect.  The pro of this route is that the payment will be made in a timely fashion and is enforced by a court order.  The cons are that it may be costly to go to court to obtain such an order and it would most certainly be embarrassing for the parent who chose not to pay to have their employer know their business.  Then again, that may just be the impetus one needs to write that check and avoid the whole ugly mess of garnishment in the first place!

How Child Support is Paid in NJ Option 3 – State Agency

Here in NJ we have the NJ Child Support Payment Center which can help parents facilitate the payment of child support.  The pros of using such a service is that there’s no cost to either party and the state can get involved in the enforcement should it be necessary.  The cons are that again, it may prove embarrassing to one party and may create an extra layer of administrative burden but if you can’t go with option 1, then you’re really only left with garnishment or using the payment center.

If you have questions about how child support is paid in NJ, please give our offices a call at (908) 864-2177 and we’d be happy to help.

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3 Tips for a Cheap Divorce in NJ

For most couples looking for a cheap divorce in NJ, you don’t want to break the bank just to split up but you also don’t want to get ripped off.  And while the legal system isn’t exactly user-friendly the reality is for most couples doing it yourself, isn’t exactly an option. But the good news is there are a number of ways to save significant sums of money on your divorce and by following these 3 tips for a cheap divorce in NJ, you can save tens of thousands in unnecessary legal fees.

1. Recognize that the time for arguing is over – one thing that causes people to spend tons of money to get divorced is that they and their lawyers look at it like a battle where every point is something to be argued about and fought to the death.  The reality is the law is the law here in NJ and so whether you like it or not the outcome for 99.33% of couples who divorce in NJ is exactly the same or falls within some relatively similar range.  If you think being one of the lucky 2/3rds of 1% of people who actually litigate to try and get a different outcome is worth $200,000, please be my guest.  But if you’re looking for a cheap divorce in NJ, this isn’t the way.
2. Cooperate with your legal practitioner – it’s no secret what is needed to get divorced.  The discovery items, the process, the issues and the forms, it’s really all the same whether you make a $25,000 a year or $250,000 a year.  Sure there are more zeros on the end of the numbers in the rich couples settlement but at the end of the day it all boils down to the same things: tax returns, pay stubs, credit card statements, etc. By cooperating with preferably your NJ divorce mediator, you can and should provide the necessary documentation and make the necessary decisions to move the process forward.  If you’re looking for a cheap divorce in NJ, one of the best ways I know how to do this is to be prepared and present everything that is asked of you.
3. Use divorce mediation in New Jersey - it’s a fact: divorce mediation in New Jersey costs anywhere from $29,000 to $76,000 less on average than using attorneys or litigating.  If you’re looking for a cheap divorce in NJ that isn’t one of those fly by night Internet divorce providers for $399, then go the mediation route.  Divorce is an extremely complex process and marriage creates a significant number of legal entanglements that make getting a proper divorce an advanced task.  No book of forms or some guy in a strip mall is going to be able to help you properly settle your issues.

Have any items you’d like to share that can help divorcing couples pursue a cheap divorce in NJ?  Feel free to comment below or give us a call if you have questions about the divorce and mediation process.

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Joseph Dillon is a NJ divorce mediator and Managing Partner of Equitable Mediation Services – a New Jersey based firm that provides client with divorce mediation in New Jersey and divorce coaching services to clients throughout the United States.  Mr. Dillon may be reached at (908) 864-2177.

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