If you are going through a divorce or separation in New Jersey and you have children, then you will need help resolving the issue of child support. Generally speaking, child support is meant to ensure that your children are able to lead healthy and productive lives despite the breakdown between you and the other parent. To help you get a better understanding of the legal issues surrounding child support, continue reading and reach out to a seasoned Mercer County divorce lawyer from Law Office of Rachel S. Cotrino, LLC today.
Factors to Consider Concerning Child Support in New Jersey
There are two parents in every New Jersey child support case. One is the custodial parent (or the payee). The custodial parent is the one who lives with the child and has the primary day-to-day responsibility. The other is the non-custodial parent (or the payor). In calculating child support, judges look to NJSA 2A:34-23. NJSA 2A:34-23 provides that in determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court, in those cases not governed by court rule, shall consider, but not be limited to, the following factors:
- The Needs of the Child: The court will evaluate the child’s day-to-day needs, including housing, food, clothing, healthcare, and other essential expenses.
- The Standard of Living and Financial Circumstances of Each Parent: The court will look at the lifestyle the child was accustomed to during the relationship and each parent’s current financial situation to determine an appropriate level of support.
- All Sources of Income and Assets of Each Parent: This includes not only wages, but also bonuses, investments, property, and any other financial resources available to each parent.
- Each Parent’s Earning Ability: The court considers education, job skills, work history, and employability, as well as any caregiving responsibilities and the time and cost required for a parent to obtain employment or additional training.
- The Child’s Educational Needs: This may include current schooling expenses as well as anticipated costs for higher education, depending on the child’s needs and circumstances.
- The Age and Health of the Child and Each Parent: The court will consider whether any physical or medical conditions affect the financial needs of the child or the earning ability of either parent.
- The Child’s Own Income or Assets: If the child has independent financial resources, the court may take that into account when determining support.
- Each Parent’s Obligation to Support Others: Any existing court-ordered support obligations, such as support for other children or dependents, may be considered.
- Reasonable Debts and Financial Obligations of Each Party: The court may review outstanding debts and liabilities to better understand each party’s financial position.
- Any Other Relevant Factors: The court has the discretion to consider any additional circumstances that may impact what is fair and appropriate.
The court looks to alter the situation for a child as little as possible and keep their life normal throughout these instances. The best interests of the child will often take precedence when it comes to making a decision.
How Child Support Is Calculated in New Jersey
While the factors above guide the court, most New Jersey child support awards are set using the state’s Child Support Guidelines, which follow an “income shares” model under Court Rule 5:6A. This approach estimates what parents would have spent on the child if the family had stayed together, then divides that amount between the parents based on their combined incomes. The calculation takes into account both parents’ incomes, the number of children, the parenting-time arrangement, and certain add-on costs like health insurance and work-related child care. The court can deviate from the guidelines when the result would be unfair, or the family’s circumstances fall outside the standard assumptions.
Termination of Child Support in New Jersey
Support can be given in several ways. Most often, it will be a recurring monthly payment until the child comes of age. Under New Jersey law, child support terminates by operation of law when the child turns 19, but in some scenarios, such as a child attending college full-time or having a disability that began before age 19, support may be extended to cover this period of time, generally up to age 23. Support can also be terminated if the child becomes an active member of the military, is emancipated through the court, or is adopted by someone else.
The Age 19 Termination Process
Child support does not simply stop on its own without notice. For orders administered through the Probation Division, both parents are sent a written notice roughly six months before the child’s 19th birthday, followed by a second notice about 90 days before the scheduled termination date. If the child is still in high school, enrolled full-time in college or vocational school, or has a qualifying disability, the custodial parent can submit a written request to continue support before the child turns 19. Support continued for these reasons generally cannot extend beyond the child’s 23rd birthday.
Modifying an Order of Child Support in New Jersey
Sometimes there may be a need to change the amount of child support. Either parent can request a modification (change) to a child support obligation. Some of the common situations regarding a modification of child support include:
- An Increase in the Cost of Living: As everyday expenses such as housing, food, and healthcare rise over time, a child support order may need to be adjusted to ensure the child’s needs continue to be met.
- An Increase or a Decrease in Either Parent’s Income: If either parent experiences a meaningful change in income, whether through a new job, job loss, promotion, or reduction in hours, the court may consider whether the existing support amount remains fair.
- A Parent or Child Suffered a Serious Illness or Disability: A significant medical condition affecting either a parent or the child can impact financial responsibilities, including increased medical expenses or a reduced ability to work, which may justify a modification.
- Changes in the Child’s Needs: As children grow, their financial needs often change. Increased costs related to education, extracurricular activities, or medical care may support a request to modify child support.
- Changes in Parenting Time or Custody Arrangements: If there is a substantial change in how much time the child spends with each parent, the court may review whether the current support obligation should be adjusted to reflect that new arrangement.
Contact a Child Support Lawyer in Mercer County Today
Child support is an extremely important issue that needs to be put in capable hands. If you are looking for help regarding child support in New Jersey, then contact a skilled family lawyer from our office today for a consultation. We are here to protect you and your child’s best interests at every turn.
