When married couples negotiating a divorce or unmarried parents decide to go their separate ways, some may be tempted to put child support on hold. In New Jersey, there’s very limited legal room to do so. Why?  Because New Jersey law considers child support the child’s right, not the parent’s.  The amount and duration of child support, but not its very existence, is open for discussion and debate.

That was the conclusion of the Appellate Division in the case of EC v. CW (2015). This was a contentious custody case where the father agreed to give up custody in exchange for not having to pay child support. The Family Court approved the settlement, but the mother later sought to vacate the order. The appeals court sided with the mother, reasoning:

• The right to receive child support belongs to the child. Its purpose is to benefit children, not to protect or support either parent. It is the responsibility of both parents, not a chip won or lost by the custodial parent from the non-custodial parent.
• Decisions about child custody and support are based on what are in the best interests of the child. A court can’t participate in and approve the waiver of a child’s support right by a custodial parent, absent a “best interests” determination by the court.
• A parent’s right to custody or parenting time and his or her duty to support a child are not connected and can’t be traded off in a consent order.
• The custodial parent lacked standing (legal presence) to waive her right to child support.
• A judge can approve a “bad deal” agreed to by the parents, but not one, such as here, in which public policy is blatantly ignored and violated.

People say child support payments aren’t carved in stone, just really hard wood. There is some truth to that.  A court has the power to modify prior orders or approve settlements in which child support is higher or lower than the federally mandated NJ Child Support Guidelines, for good cause shown and in the children’s best interests.  Parties may seek upward or downward adjustments of child support based upon substantial changed circumstances over time (such as higher incomes, lower incomes, work-disabling events, inheritances, lottery winnings, or retirement).  Duration of support is negotiable and modifiable, depending on children’s “aging out” or completion of education without starting the next level.  But the child’s right to the financial support of both parents is non-negotiable, during the child’s minor and non-emancipated state.  It is not subject to suspension or termination, just because both parents think otherwise.

Child support issues and calculations can present a difficult and complex puzzle for married or unmarried adults.  Experienced matrimonial attorneys  can positively affect negotiations and court outcomes during this process, which sometimes is long and arduous. Let us help you navigate the rocky terrain. To get started, call the Central Jersey law offices of Hanan M. Isaacs, P.C., at 609-683-7400, or contact us online, for a near-term and reduced fee initial consultation.  We will listen to your facts, explain the law, and guide you on the best pathways to economic and social justice.  Call now.  You will be glad you did.