Child Support

Children essentially have the right to be supported to the level consistent with their parents’ standard of living.  In the event of a dispute regarding the support of a child, an action for child support may be raised in connection with a divorce, or separately as a support matter whether or not the parties have been married.

NEW JERSEY CHILD SUPPORT GUIDELINES

Child support in New Jersey is usually determined by applying the Child Support Guidelines contained at Appendix IX of the New Jersey Rules of Court.  If the combined net income of the parties is equal to or less than $229,840.00, or $4,420.00 per week, the Child Support Guidelines provide a schedule that calculates the amount of child support.  The amount of child support set forth in the guidelines is presumed to be the appropriate amount of child support to be paid, although a party may ask the Court to deviate from the guidelines and apply a different number if there are special circumstances that would apply.  If the combined net income of the parties exceeds $4,420.00 per week, it is characterized an “Above the Guidelines” case, and a different analysis is used by the Court.  The Court may also deviate from the guidelines under certain situations. 

The schedule under the Child Support Guidelines is based upon the parties’ combined incomes.  Essentially, the Guidelines apply the gross weekly income of the parties, a schedule to determine the tax withholding which yields net income figures, which results in a net income on which the basic child support amount is based.  The Child Support Guidelines also take into account the alimony that is being paid or received by either party, prior support orders, or perhaps other dependents that the parties may have.  A sample of the Child Support Guidelines can be accessed through the Related Links page.  Please note the guidelines are difficult to apply without a full understanding of the law. We strongly recommended that any determination you make regarding your potential child support be done with advice of an attorney who can properly consider your particular circumstances. 

In addition to the basic child support, net work-related daycare expenses, the cost of the health insurance payment for the child, and other extraordinary expenses could be added to, or deducted from, the basic child support amount, based upon who is paying these expenses. Also, the child support guidelines provide for reduction in the child support amount based upon the overnight parenting time exercised by the non-custodial parent. If the parenting time exercised by the non-custodial parent is of a sufficient amount, and the financial circumstances warrant, a party may pay what is called "shared parenting" support that would reduce the child support amount. 

SHARED PARENTING CHILD SUPPORT

If the parenting schedule of the parties provides that the alternate parent has more than 28 percent of the total overnights on a rotating schedule, the Shared Parenting Child Support Guidelines may apply.  In order for a shared parenting award to apply, the parties must have a parenting plan that specifies parenting times and responsibilities filed with or Ordered by the Court.  The alternate residential parent must at least have the substantial equivalent of 2 or more overnights per week over a year or more (28 percent of the time), and that parent can show separate living accommodations for the child are provided during such times.  For example, evidence of separate living accommodations maintained specifically for the child during overnight stays.  At the discretion of the Court, the determination of qualifying shared parenting times may include extended periods of time of 5 or more consecutive overnights that are part of a regularly scheduled rotation between the parents if the alternate parent shows that marginal housing related costs were incurred for this period.  Additionally, there is a basic income threshold that the primary parent needs to meet in order for the alternate parent to have the benefit of the Shared Parenting Guidelines.

Basically, the Shared Parenting Guidelines provide for a reduced amount of child support.  Once all of the above criteria are fulfilled, it would generally be the case that the alternate parent has not only greater day to day expenses as a result of the extended parenting time, but also has greater fixed expenses in providing the shared parenting accommodations.  As such, the Shared Parenting Guidelines provide a more intricate and involved calculation and adjustment for this parenting time schedule, and it generally results in a lower amount of child support than under the sole parenting guidelines.

ABOVE THE CHILD SUPPORT GUIDELINES

When the combined net income of the parties exceeds $229,840.00 per year, or $4,420.00 per week, the Child Support Guidelines do not apply to create a presumption of support, as this total combined net income exceeds the maximum amount For incomes over this amount, the Courts utilize a different approach.  First, you should note the Court does not extrapolate above the threshold using the respective percentages of total combined net income because extrapolation undermines the statistical basis of the guidelines. In such circumstances, New Jersey case law provides that the maximum amount provided for in the guidelines should be "supplemented" by an additional award determined through application of the statutory factors set forth in the statute governing child support.

New Jersey courts have held that determining a child's needs in these unusual financial circumstances presents unique problems. First, a balance must be struck between reasonable needs, which reflect lifestyle opportunities, while at the same time precluding an inappropriate windfall to the child or even in some cases infringing on the legitimate right of either parent to determine the appropriate lifestyle of a child. This latter consideration involves a careful balancing of interests reflecting that a child's entitlement to share in a parent's good fortune, but also it should not deprive either parent of the right to participate in the development of an appropriate value system for their child.

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