Child Support

In New Jersey, child support is the right of a child to be financially supported by both parents. As a parent seeking child support, it can be frustrating when the other parent is not paying or underpaying their child support obligation. Your children have needs and it is an unfair burden upon you to bear the cost of financially supporting your child when their other parent also has a duty and obligation to do same. At the same time, as a paying parent, it can be equally frustrating when you are required to pay above your means. The consequences can also be dire in that your arrears can accumulate, Probation can start levying your bank accounts, taking your IRS refund check, and even incarcerate you.

How is Child Support Calculated in NJ?

In New Jersey, so long as both parents combined incomes are below a certain threshold, New Jersey Courts will apply the New Jersey Child Support Guidelines in order to determine what, if any, amount a parent should be paying. The Guidelines mainly take into account the income of each parent, the number of overnights the child(ren) spend with each parent, the amount of alimony, if any, one parent is paying to the other, whether one parent has another child(ren) they are financially supporting, the cost of health insurance paid by either or both parents, and any other expense that may be appropriate to include in the child support guidelines calculation. The Guidelines are based on a formula and will ultimately provide a weekly amount one parent is obligated to pay to the other in order to financially support their child(ren).

However, the Courts do have it in their discretion to deviate from the guidelines for good cause. In those types of cases where a Court deems it appropriate to deviate from the child support guidelines, the Court will consider the following factors:

• The child’s specific need
• The parents’ respective lifestyles and what standard of living the child is used to
• All sources of income of the parents, including assets that are non-income producing assets
• All sources of debt for the parents and the child, if applicable
• The parents’ respective earning capacities, educational histories, skills, and work experience
• The roles that the respective parents have taken in the child’s life thus far
• The expenses for which each parent has historically paid for the benefit of the child
• The need and ability of the child for higher education
• The child’s age, health income and assets, and earning ability
• The responsibility of the respective parents for the Court-ordered support of others

Modification of Child Support

In many cases, a parents need or ability to pay child support can change over time as can a child’s need. Given the ever-changing nature of incomes and needs, child support is always modifiable based upon a showing of changed circumstances. If one parent is making substantially more than they were at the time of the original award of child support, that may be taken into consideration to either decrease or increase the child support amount. Conversely, if a parent loses their job or is no longer able to make the same income they were previously making, this may also qualify for a modification of child support. Job loss is also a tricky question in the mind of the Court as the parent who has lost their job must show that they are not voluntarily underemployed or unemployed. They also must show that the change is permanent and that they have been making substantial efforts to obtain comparable employment as they once had. Further, if one parent refuses to work any longer or does voluntarily underemploy themselves, the Court may impute them with an income they believe that parent is reasonably able to earn.

Often when a child reaches the age of majority, the paying parent looks to terminate their child support. At the same time, the parent receiving child support may argue that the child is continuing with their education and should therefore, not be emancipated. In New Jersey, there is a rebuttable presumption that once a child reaches the age of 19, they should be deemed emancipated unless that child is pursuing a higher education on a full-time basis.

​Get Legal Help for Your Child Support Issue

Child support can sometimes seem like a daunting or complicated issue between parents. Whether you are trying to track down a parent for failure to pay child support or explain to a Court why you are unable to afford your child support payments, experienced counsel at the Rose Law Firm, LLC can help navigate you through this complicated process.