There is no one-size-fits all number for exactly how much child support payments cost in New Jersey since child support is based on a variety of factors, and no two child support cases are exactly the same. To help courts and parties determine the appropriate amount of child support in a particular case, New Jersey has created the New Jersey Courts Child Support Guidelines. The Guidelines provides a formula for the calculation of child support based on several factors, addressed below. While courts generally adhere to the Guidelines when determining child support, they do have the discretion to diverge from the Guidelines as appropriate, based on a particular family’s circumstances.
The Purpose of Child Support
Child support is meant to provide children with the financial support that they need. It is meant to cover a child’s necessities, such as the cost of housing, food, transportation, clothing, etc. and also includes entertainment and certain health care expenses.
Nevertheless, child support does not include health insurance, child care or school/college tuition, though these are all expenses that can added to a party’s child support obligation, depending on the circumstances of one’s particular case.
Factors That Can Contribute to Child Support Determinations
Generally, the two most important factors in determining a party’s child support obligation are the income of both parties and the number of overnights that each parent has with the children. Other factors include the ages and number of children, along with certain other expenses that each parent might be incurring for the children, such as health insurance, day care costs, and even alimony payments, if applicable.
In addition to the above, a court also has the discretion to consider other factors in determining whether to adhere to or diverge from the guidelines. They are as follows:
- Any special needs that the child might have,
- The earning ability of each parent,
- Each parent’s employable skills,
- Each parent’s work history and educational background,
- Each parent’s sources of income and other assets,
- Each parent’s standard of living,
- The custody arrangement between the parents,
- Whether the child has educational or health expenses,
- Whether the child has his or her own significant source of income, and
- The debts and liabilities of the parents and the child.
Additionally, the court might see fit to make adjustments to a child support obligation in the event that:
- Either of the parents has other children from other relationships to provide financial support for,
- A paying parent has other child support obligations, or
- If the child is the recipient of government benefits.
Finally, unlike alimony, child support is non-taxable to the recipient and non-deductible to the payer. The rationale for this tax treatment is that you are not entitled to deduct ordinary and necessary costs associated with raising and caring for a child, whether you are living as an in-tact family, or not.
Modification and Termination of Child Support
Child support can be modified at a later date based on changes in incomes, overnights, or any other factor that was used to calculate the initial support obligation.
Until recently, there was no automatic age in New Jersey at which child support terminated. Instead, it was generally up to the payer to seek the termination of support based on the emancipation of the child. Emancipation does not automatically occur at 18. Instead, courts would look at whether the child was beyond the sphere of influence of the parents.
Nevertheless, a new law was just passed in New Jersey that sets emancipation at 19, unless the parties have agreed otherwise, or the child is disabled or attending full time college. The new law takes effect on February 1, 2017, and will apply to all existing child support orders, even those that were entered prior to the law’s effective date.
Contact A New Brunswick, New Jersey Child Support Lawyer
When you have questions or concerns about child support obligations, you should seek out the guidance of an experienced New Brunswick child support attorney. The Law Office of Steven M. Cytryn is here to help. Contact us by either calling 732-214-1103 or by completing our convenient online form.
