My Former Spouse Just Got Re-Married to a Multi-Millionaire. Do I Still Need to Pay Child Support in New Jersey?
Imagine the following scenario: You were divorced a few years ago and the combined gross annual income of your former spouse and you is less than $100,000. Your three (3) minor children live with your former spouse and you have been faithfully paying child support since your divorce, based on those income levels. Lo and behold, you have just learned that your former spouse was recently re-married to someone who earns over $1 million per year and whose net worth exceeds $10 million. Does your former spouse’s new good fortune have an impact on your pre-existing child support obligation?
In New Jersey, the answer is no.
Under New Jersey Family Law child support is the exclusive responsibility of the children’s biological parents. The income or assets of either parent’s new spouse is simply not relevant.
The only possible exception to this rule is in the “high income” case, where the combined annual net income of the biological parents is higher than the level specified in the New Jersey Child Support Guidelines. The current threshold is combined annual net income of more than $187,200 per year.
In “high income” cases, New Jersey Family Courts determine the amount of child support by supplementing the maximum support provided under the Guidelines with an additional amount based upon the factors set forth in the New Jersey Child Support Statute, N.J.S.A. 2A:34-23(a). Among those factors is the “standard of living and economic circumstances of each parent.”
Child support is a difficult and complicated area of New Jersey family law. Thankfully, experienced attorneys, such as those at Salvaggio Law Group, are here to help.
Salvaggio Law Group LLC devotes its entire practice to New Jersey divorce and family law matters, including child support.
If want to talk you call us at (973) 455-1220 or fill out the Contact Form on our website.