Can Child Support in New Jersey Be Paid Through Wage Garnishment?When it comes to child support in New Jersey, one of the most common questions parents have is whether payments can be made through wage garnishment. The short answer? Yes, absolutely—and in most cases, it’s the default method.

Posted on May 7, 2025 by Sandy Durst

What Is Wage Garnishment?
Wage garnishment is when a portion of an employee’s earnings is automatically withheld by their employer to pay off a debt—in this case, child support. Instead of the paying parent (often called the noncustodial parent) manually sending payments, the money is taken directly from their paycheck and forwarded to the appropriate agency.

How It Works in New Jersey
In New Jersey, wage garnishment for child support is handled through an Income Withholding Order (IWO). Here’s how the process typically works:

Court Order: When a child support order is established or updated, the court usually includes an IWO.

Employer Notification: The IWO is sent to the noncustodial parent’s employer.

Automatic Deductions: The employer deducts the child support amount from the employee’s wages.

Payment Processing: The deducted funds are sent to the New Jersey Family Support Payment Center (NJFSPC), which then distributes the payment to the custodial parent.

This system ensures that child support payments are consistent and traceable, reducing the risk of missed or late payments.

Do All Child Support Orders Include Wage Garnishment?
Yes—unless both parents agree to a different arrangement and the court signs off on it. By default, wage garnishment is included in all new or modified child support orders in New Jersey, even if the paying parent is current on their payments.

What If the Paying Parent Changes Jobs?
The noncustodial parent is responsible for notifying the court and the New Jersey Child Support Program if they change employers. This allows a new IWO to be issued so payments can continue without disruption.

Wage garnishment can apply to various types of income, including:

Regular wages and salaries

Bonuses and commissions

Overtime pay

Unemployment benefits

Workers’ compensation

Final Thoughts
Wage garnishment offers a reliable way to ensure child support is paid on time and in full.

Posted in Durst Firm News | Tagged , , , , | Leave a comment

Understanding the New Jersey Child Support Guidelines

Posted on April 30, 2025 by Sandy Durst
father and son in the park
Photo by Anna Shvets on Pexels.com

In New Jersey, child support is determined using the Income Shares Model, which aims to ensure that children receive the same proportion of parental income they would have if their parents lived together. The guidelines are detailed in Appendix IX-A of the New Jersey Court Rules and are designed to promote consistency and fairness in support awards.

Key Components of the Guidelines

  1. Combined Net Income: The court calculates each parent’s net income by subtracting allowable deductions (such as taxes, mandatory union dues, and existing support obligations) from their gross income. The combined net income is then used to determine the total child support obligation.
  2. Proportional Sharing: Each parent is responsible for a portion of the child support obligation proportional to their share of the combined net income. For instance, if one parent earns 60% of the combined income, they would be responsible for 60% of the child support amount.
  3. Parenting Time Adjustments: The amount of time each parent spends with the child can affect the support calculation. If the non-custodial parent has substantial overnight parenting time, the support obligation may be adjusted to reflect shared expenses during those periods.
  4. Additional Expenses: Certain costs, such as child care, health insurance premiums for the child, and extraordinary medical expenses, are added to the basic support obligation and divided between the parents in proportion to their income.

Duration of Support

Child support in New Jersey typically continues until the child turns 19. However, support may extend up to age 23 if the child is still in high school, attending full-time post-secondary education, or has a physical or mental disability that requires continued support. 

Modifications and Enforcement

Support orders can be reviewed and modified if there is a significant change in circumstances, such as a change in income, employment status, or parenting time. Additionally, support orders are eligible for review every three years by the board of social services. 

Enforcement mechanisms for unpaid child support include wage garnishment, interception of tax refunds, suspension of driver’s or professional licenses, and even legal action. 

Estimating Support

For an estimate of potential child support obligations, the New Jersey Child Support Guidelines Calculator is available online. This tool provides an approximation based on the information provided but does not guarantee the amount that will be ordered by the court. 

Understanding these guidelines is crucial for parents navigating child support matters in New Jersey. Consulting with a family law attorney can provide personalized guidance tailored to individual circumstances.

We have over 25 years of experience in calculating child support for NJ parents.

Posted in Durst Firm News | Tagged , , , , | Leave a comment

Dividing retirement assets in a divorce

Posted on April 23, 2025 by Sandy Durst

Dividing Retirement Assets in Divorce: Key Legal Insights

When couples divorce, dividing retirement assets is often one of the most significant and complicated parts of the property settlement. For family law practitioners, understanding the legal framework and potential pitfalls is essential to protecting clients’ financial interests.

Marital vs. Separate Property

Retirement accounts—such as 401(k)s, IRAs, and pensions—are typically considered marital property to the extent they were accrued during the marriage. Contributions made before marriage may be considered separate property, though proper documentation and valuation are critical.

State Law Matters

In equitable distribution states such as New Jersey, courts consider factors like each spouse’s earning capacity, contributions to the marriage, and future financial needs to determine a fair division.

QDROs and Tax Implications

Employer-sponsored retirement plans (e.g., 401(k)s and defined benefit pensions) generally require a Qualified Domestic Relations Order (QDRO) to divide benefits without triggering early withdrawal penalties or tax consequences. IRAs, while not requiring a QDRO, must still be divided pursuant to a court order or settlement agreement to qualify for tax-free transfer.

Pensions and Valuation

Defined benefit pensions may require actuarial valuation to determine their present value, especially when offsetting with other assets. Attorneys should also consider survivorship benefits and whether the non-employee spouse will have access to benefits if the plan participant dies prematurely.

Posted in Durst Firm News | Tagged , , , | Comments Off on Dividing retirement assets in a divorce

Divorce and college

Posted on April 16, 2025 by Sandy Durst

If you are divorced and the have children, it is possible that issues of the costs of college and who will pay those costs will arise. Being aware of this potential responsibility and prepared for its occurrence will make the process that much easier.

College acceptance letters are being sent out now. Your child is anxious to know what their future holds and as a parent you both share their excitement and worry about the financial aspects of attending college. College is expensive.

The law offers guidance on how to deal with this issue. The Durst Firm has the knowledge and experience to take this guidance and create tangible results for our clients.

Ideally, the arrangements are made before the college selection process begins. However, that’s not always possible. Both parents and the child should be involved on the application and selection process. Costs must be a factor and expectations need to be managed. If one parent, in conjunction with the child, exclude the other parent from the process, the excluded parent could be relieved of a responsibility to contribute that they might otherwise have.

If you have questions about paying for college expenses during or after your divorce, schedule a consultation and get educated by The Durst Firm.

Posted in Durst Firm News | Tagged , , , , | Comments Off on Divorce and college

Life with a Restraining Order

Posted on April 9, 2025 by Sandy Durst

If you have a restraining order entered against you, whether it be a Temporary Restraining Order (TRO) or a Final Restraining Order (FRO) it goes without saying that life gets complicated. Routine events and occasions call for diligent planning so as to avoid violating the terms of your restraining order.

This time of year is full of “family” events: proms, graduations, weddings, and first communions to name few. It is understandable that as a parent you would want to attend these events as they may involve your children or other family members and friends. However, attending can present a significant legal risk. Your attendance at a location where the other party will also be could result in a violation of your restraining order. Violations carry their own consequences which can include jail time. Don’t assume that the other party will be understanding or that your “legitimate” reason for you wanting to be there will be a defense.

At The Durst Firm, we have frequently dealt with this very situation. We have been successful in developing and implementing arrangements that allow for the defendant’s ability to attend these milestone events. If you have questions or concerns about what’s allowed under the terms of your restraining order, contact us for assistance.

Posted in Durst Firm News | Comments Off on Life with a Restraining Order