Child Support Factors

In the State of New Jersey, both parents have an obligation to contribute to the support of their children and children have the right to be supported at the level consistent with their parents' standard of living.

Parents do not have to be married to receive or pay child support. Whether parents are married or not, child support is determined the same way in both cases.

Is paying or receiving child support a concern for you? Then talk to us! The child support attorneys at the Law Offices of Steven P. Monaghan, LLC have 30+ years of experience!

You can call our firm today at (732) 624-6343 to schedule a consultation.

Factors that Determine Child Support in New Jersey

The factors the New Jersey court considers when determining child support include:

  • The needs of the child
  • Standard of living and economic circumstances of each parent
  • All sources of income and assets of each parent
  • Earning ability of each parent including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length and time and cost of each parent to obtain training or experience for appropriate employment
  • The needs and capacity of the child for education, including higher education
  • Age and health of the child and each parent
  • Income, assets and earning ability of the child
  • Responsibility of the parents for the court-ordered support of others
  • Responsible debts and liabilities of each child and parent
  • Any other factors the court may deem relevant

Paying for College is Required, Too

In addition to the basic child support, New Jersey is one of the few states authorizing the allocation of the cost of college between a child's parents, as the state has determined divorced parents have an obligation to contribute to the college education of their children.

These factors include, but are not limited to:

  • Whether the parent, if still living with the child, would have contributed toward the costs requested in higher education
  • The effect of the background, values and goals of the parent on the reasonable expectations of the child for higher education
  • The amount of the contribution sought by the child for the cost of higher education
  • The ability of the parents to pay that cost
  • The relationship of the requested contribution to the kind of school or course of study sought by the child
  • The financial resources of both parents
  • The commitment to and aptitude of the child for the requested education
  • The financial resources of the child, including assets owned individually or held in custodianship or trust
  • The ability of the child to earn income during the school year or on vacation
  • The availability of financial aid in the form of college grants, loans and scholarships
  • The child's relationship with the paying parent, including the mutual affection and shared goals as well as responsiveness to the parental advice and guidance
  • The relationship of the education requested to any prior training as the prior overall goals of the child

When it comes to the issue of higher education for their children, divorced parents must work together.

Paying for College: What is Required of Both Parents

Under New Jersey law, both parents are required to talk about the educational decisions for their children and both parents must be given the opportunity to be involved in all decisions regarding the child's higher education. Otherwise, not doing so may affect whether or not the court would require the excluded parent to contribute toward the cost of college.

Both parents contribute proportionately based on their individual financial condition and after the child has exhausted all other possible financial resources, such as 529s, trusts and savings and after the child has applied for all loans, grants and scholarships.

Finally, there is very often an overlap between the amount of child support and also the cost of college. Therefore, the child's attendance at college is usually a change in circumstances which would warrant a modification of the present child support order.

Concerned About Paying for College After Divorce? See Us.

If you have questions about paying for your child's college costs after divorce, or any other child support question, we can answer them. Call the experienced divorce lawyers at our firm today.

Reach us now at (732) 624-6343 to set up a consultation.

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