The rules of divorce differ from state to state. Child support rules that exist in one jurisdiction may not exist in another. This gives rise to a number of myths that divorcing couples and sometimes even inexperienced attorneys may believe. Here are a few of the most common New Jersey child support and custody myths.
1) The Mother Usually Gets Custody - New Jersey custody laws are gender neutral and courts decide custody based on the best interest of the child. It is true that a stay-at-home parent may have a slight edge over a working parent in custody determinations, but that's a decision based on circumstance rather than gender. In reality single custody is rapidly becoming the exception rather than the rule, with join custody a more common resolution.
2) Parents Can Waive Child Support - Child support is not the right of the parent; it is the right of the child. While it is true that parents can come to an agreement that excludes or limits child support, either parent can challenge that agreement later and a court will use Case Information Statement information to determine what is best for the child.
3) Prenups Supersede Child Support Laws - New Jersey law specifically disallows child support provisions in prenuptial agreements. Even if both parties sign it, the court will ignore the child support provisions in the prenuptial agreement. Agreements made during or after the marriage may affect child support but ultimately it is the information on the Case Information Statement NJ courts will use to determine fair support.
4) Child Support Stops At 18 - Both parents are responsible for a child's college expenses. Although the original child support calculated by New Jersey family law software might end at 18, parents may have to continue paying some kind of support until college graduation.
5) Courts Decide Child Support - Fewer than 2% of New Jersey divorces go to trial. The state strongly encourages couples to work out their own agreements. However any agreement can be overruled by a court if one parent shows it is not in the best interest of the child.
Divorce laws are complicated, which is why even the simplest and most amicable breakups should involve attorneys. Lawyers use Case Information Statement software and other attorney practice management software to produce the necessary documentation quickly and accurately.