There are so many questions surrounding child custody, support, and the law.  Who better to answer your inquiries than Hanan M. Isaacs, Esq., a NJ Supreme Court Certified Family Law Specialist? We put this post together through FAQs from many clients.

How Will Custody of My Children Be Determined?

New Jersey considers both parents facially equal when it comes to custodial and parenting time rights.  The determination of primary and secondary custody will be made after analyzing what is in the “best interests” of your children.  Among determining factors are:

• How both parents communicate and cooperate when it comes to their children.
• How the children interact with each parent and the children’s siblings.
• Who historically has served the children’s primary needs for food, clothing, shelter, education, medical attention, special needs, and the like.
• Who is more psychologically bonded with the children, as between the parties?
• If there is any history of domestic violence within the marriage, then the non-violent party shall be presumed to be the primary custodian.
• Is there a history of substance abuse/overuse within the relationship?

What Is The Difference Between Joint Custody and Sole Custody?

Shared custody often involves a child primarily living with one parent and having significant parenting time, usually consisting of overnights greater than 28% of the year, with the other parent .  The child may alternate living with the other parent or the parent may choose to spend frequent time with the child.  Both parents will be decision-makers for the child, even if one parent is deemed primary.

Some parents choose a child-centered, “nesting” model, in which the children stay in one residence and the parents shuttle in and out on a mutually agreed schedule.  This is rare, because it requires significant cooperation between the parties, but when it works, it works wonderfully well.

Sole physical custody involves one parent being the caretaker and decision-maker.  The child lives solely with one parent and has overnights with the other parent less than 28% of the year, sometimes none of the year.  Parenting time for the other parent would be decided by negotiations or by the court, often based on psychological testing and recommendations by a trained mental health expert, especially if there are issues of instability, including anger management issues, drug and alcohol issues, or other problems that could be or have been a danger to the wellbeing of children.  When those issues are present, often supervised parenting time will be imposed and periodic reports to the Court will be directed.

Do I Need a Parenting Plan?

There are often times when it is difficult for parents to come to an agreement regarding the custody of their children.  When this occurs, each parent will be required to submit a parenting plan, including a proposal for the types of custody, a schedule for parenting and holidays, and information about both parents and their jobs.  Both plans will be submitted to the court.  But they also could form the basis of solid negotiations between the parties, with the assistance of their lawyers, therapists, collaborative attorneys, mediator, arbitrator, or court-assisted negotiations.

When May I Modify My Custody Order?

Yes.  If a substantial change of circumstances has occurred, where you feel that the current custody and parenting time arrangement is no longer in the children’s best interests, then you should ask for renegotiation of the custody arrangement, whether by negotiations, mediation, arbitration, collaborative law, or a motion to the trial court.

What Is Parenting Time and How Is It Determined?

In New Jersey, time spent with each parent is known as “Parenting Time”.  By common use, it is designated for the parent who is not the primary decision-maker and the parent with whom the children do not primarily reside, to spend time with the children, usually overnights and mid-weeks for dinner, during specified times.

There are situations where a judge may order supervised visitations or restrict access altogether.  If there are safety factors that jeopardize the children’s safety and wellbeing, then such restrictions will be imposed until no longer needed.

What Should I Know Before My Custody Trial?

Most parents take tremendous involvement in their children’s lives.  They know about their children, school, teachers, sports, medical/dental/therapeutic appointments, and other daily activities that may occur.  You should ensure that you are actively involved with your children in these ways.

Your custody lawyer will prepare you for psychological interviews by forensic experts, discovery depositions (sworn testimony before trial conducted by lawyers), and the trial itself, to let you know at each phase what to expect and how to handle yourself.  During the trial, you will need to show the Judge through sufficient evidence, including by witnesses who know the children and you, how you are best suited to be designated the primary custodial parent and that it is in the children’s best interest that you be so designated.

Parties settle their cases 98% of the time in Family Court, but the lawyers never know which cases will need to go to trial.

Mediators and arbitrators are available to help the parties reach settlement on fair terms, or call the case privately if the parties need help finishing the case but wish to avoid protracted court proceedings.

Will I Receive Child Support?

If you have primary custody; or you spend most of the time with the children according to the custody schedule; and you earn the lower wages as between both spouses; then you will be the one who receives child support payments from the other parent.  This is generally calculated in accordance with New Jersey’s Child Support Guidelines.  Both parties are responsible for child support, but only one parent receives funds from the other, on behalf of the children.  Child support takes into account basic amounts for food, clothing, shelter, transportation, plus employment related daycare, medical insurance for children, and related items.  It also calculates alimony paid and received as income that goes into the formula.  Unreimbursed medical, dental, orthodontia, drugs, hospitalization, optical care, and therapy expenses are calculated proportionately between the parties and paid outside of the Child Support Guidelines, as are summer camp expenses, transportation expenses for late teens, and college/vocational school costs.

How Will I Receive Child Support?

In New Jersey, if you wish, you may receive your payments through a direct payment plan, via Settlement Agreement, Final Judgment of Divorce, or other court order.  However, the default position, preferred by the NJ Legislature and the courts, is collection and payment via the Probation Department, which supervises, monitors, and enforces collections, most often including wage garnishment from the obligor’s employer. For receipt and payment information, you should have a bank account and you must complete an authorization form, which can be found at a child support office near you.  Alternatively, you may visit the NJ Child Support website and download the forms.  If you agree to start out with direct payments from the obligor parent, and that parent then misses a payment, you have the right to switch to the Probation payment system, and the obligor’s opposition to the changeover will be disregarded.

Where Can I Get More Information About My Child Support Payments?

If you have questions about child support payments or seek details about your payments or balance due in existing child support account matters, you may call the Child Support Hotline.  This service is available 24/7.  All you need is your case number when you call 1-877-655-4371 (1-877-NJKIDS1).

Who Will Ensure That My Child Support Order Is Enforced?

The Probation Division is required to enforce court orders that call for the following:

• Collection of current child support
• Collection of past-due child support
• Court ordered health care coverage
• Collection of spousal support/alimony

If you have issues such as non-payment, failure to obtain health coverage, or any other related issues, an enforcement hearing will be scheduled.  At this hearing, it is best to have a lawyer present, because you do not get two bites at this apple.  If you have any objections during this hearing, it will then be sent to a judge for review, where the judge will approve, disapprove, or modify the recommendations.  Once the recommendations are approved, the court order will then be permanent and binding.

If you wish to make additional changes to your court order, you must file with the Family Court, but be prepared to show “substantial changed circumstances”, or you will not receive a modification order.

Conclusion

The subjects in this post involve children (child custody/parenting time and collection of child support), but they are far from kid stuff.  To be successful, you will need the assistance of knowledgeable lawyers, professionals who are compassionate counsel, yet tough advocates when toughness is required in your behalf.  If you or someone you love needs a realistic handle on whether you or they qualify for primary custody or parenting time; may receive or have to pay child support; or have other family law rights and obligations requiring your/their understanding and our assistance;  then please call or write us today.  We are experienced family law attorneys.  We will sit down with you to discuss the facts of your case, the applicable law, whether your matter is straightforward or unique, which processes may be best for you (court-based or alternative dispute resolution), and in what order.

We will work hard to achieve solutions that are just and reasonable for you.  Contact us today.  You will be glad you did.