In calculating child support in New Jersey, the courts use state guidelines as a framework for determining payment amounts. Parental incomes, number of children, the amount of time both parents spend with children, and additional factors are taken into account by judges in calculating payments.
As with all complicated issues of divorce, arriving at child support payment amounts is not a simple process. If you expect to pay support or receive it, an experienced child support lawyer can help you figure out what you may pay or receive and advocate for a fair decision, whether you are divorcing or are an unmarried parent. If you are in a high-net-worth marriage, calculations become even more complex, and having the help of an attorney who is well-versed in family law cannot be overstated to protect your financial interests and those of your children.
NEW JERSEY CHILD SUPPORT GUIDELINES
The New Jersey Child Support Guidelines were developed with the philosophy that both parents are responsible for supporting their children and children should not be the economic victims of divorce or being born outside of marriage. The guidelines are based on what the cost is of raising children in the state and on estimates of what parents in families that are intact spend on their children.
By visiting the New Jersey child support calculator, you can get a basic estimate of what you may pay or receive by entering your financial data and other information. But be sure to speak with an attorney rather than relying on the number arrived at in this calculator, especially if your financial and family situation is more complex. If you punch in inaccurate figures or are not thorough in providing information, the amount given may vary widely from what a judge would determine the actual support amount to be.
While the guidelines are a basic starting point, judges have the authority to look at the totality of the circumstances to determine final child support payment amounts. In addition to parental incomes, other factors judges may consider in arriving at final dollar amounts include:
- Whether parenting is shared or sole, with the other parent having visitation
- Childcare costs
- Costs of health coverage for children
- Whether a child has special needs
- Whether a parent has children from other relationships they are supporting
- Any other relevant criteria.
Judges can also disregard the guidelines altogether if they feel it makes the most sense for the particular case. If they do, they must explain in the final child support order why they did so.
Does Alimony Factor into Child Support Payments?
If non-taxable and non-deductable alimony is being paid it may be a factor in support payments. Depending on the amount of alimony paid and total financial circumstances, it could reduce child support amounts. So, if you pay alimony, you could potentially pay less in child support. But that is not a given. Like all things in divorce, whether alimony affects what you pay in child support will depend on all the individual criteria of your case.
CALCULATING CHILD SUPPORT FOR HIGH-INCOME FAMILIES
A combined net income of more than $187,200 annually is considered high income in the state for purposes of calculating child support. If your combined income exceeds this threshold amount, judges have the discretion to increase support amounts to ensure the child maintains the same standard of living to which they were accustomed during the marriage. The assumption is that higher-income parents have more money to spend on their children and may have unique expenses that other families wouldn’t have.
For example, discretionary support may be added to pay for such things as:
- Summer camps
- Sports, recreation, and hobbies
- Private elementary and secondary schools
- Tutoring and college-prep
- Ivy league college tuition and expenses
- Study-abroad programs
- Travel and vacations
- Music lessons and art programs.
The child support guidelines/calculations provide for minimum support amounts, but there is no maximum amount given for high-net-worth situations. Your attorney can help you in understanding and arguing for appropriate child support payment amounts for your circumstances.
WHO PAYS AND RECEIVES CHILD SUPPORT IN NEW JERSEY?
It isn’t only fathers who pay child support in New Jersey. The law does not base who pays on gender. Typically, the person who is considered the non-custodial parent pays child support to the custodial parent. The non-custodial parent is the one who spends less time with the child, while the custodial parent has the child more often and so it’s assumed they are already supporting the children’s day-to-day needs. The percentage of time each parent spends with the child will be factored into payment amounts. In cases where custody is shared 50/50, the higher-earning parent may still have to pay child support to the other parent.
GET ANSWERS FROM EXPERIENCED NJ CHILD SUPPORT ATTORNEYS
[MFR] Men’s & Fathers’ Rights Divorce Lawyers have spent decades fighting for the rights of parents and their children. For assistance with your case and to help ensure you get a fair payment amount (whether you are the payor or payee) and your children are properly cared for, reach out to our firm. We pursue the most satisfactory outcomes for our divorcing clients who will pay or receive child support. We also assist parents who have never been married to each other with issues of support. Our lawyers can also help with modifications to support if your financial or other circumstances have changed.
You can be sure when you work with us that we will always have the best interests of you and your children in mind and that we will work hard to get favorable results when it comes to child support payment agreements. That is our promise to you.
To speak with an experienced child support lawyer, call our Bergen County family law firm at (201) 880-9770 to arrange a case evaluation. Our attorneys practice exclusively in family law and have decades of experience delivering knowledgeable and effective legal guidance. We have a focus area in helping high-earning individuals maintain their wealth.
