Child Support

Child support is a financial contribution that the non-custodial parent provides to the primary custodial parent to help cover the children’s essential needs. In many divorces, it becomes a significant point of dispute. Both parents share the obligation to ensure their children’s well-being, striving to maintain the same standard of living they enjoyed prior to the divorce. In New Jersey, child support is intended to cover a wide range of expenses, including:

• Basic daily necessities.
• Childcare expenses.
• Education and school-related needs.
• Healthcare and health insurance.
• Medical emergencies and necessary care.
• Travel expenses for visitation.

Child support can extend to cover additional expenses beyond basic needs if the court deems them appropriate, such as:

• Extracurricular activities expenses, such as sports, music lessons, or other hobbies.
• Tutoring, college application fees, and school trips.
• Therapy, special equipment, or other accommodations for children with special needs or disabilities.
• Transportation costs for travel related to the child’s needs, including extended visitation travel
• Any other relevant costs the court considers necessary to support the child's welfare.

The court’s goal is to provide comprehensive support that ensures the child’s well-being and accommodates reasonable, child-related expenses that contribute to their overall development and well-being.

In New Jersey, courts determine which parent should pay child support by evaluating several factors that focus on each parent's financial and caregiving roles.

How Do the Courts Determine Which Spouse Pays Child Support?

In New Jersey, courts determine which parent should pay child support by assessing various factors regarding each parent’s financial standing and caregiving roles. The primary custodial parent typically incurs the bulk of the child’s daily expenses.

Courts examine both parents’ incomes, including wages, investments, other income sources, and each parent’s earning capacity. The parent with a higher income or greater financial resources is typically expected to contribute more in financial support. The amount of time each parent spends with the child is also a key consideration, and the parent who spends less physical time with the child is generally required to pay support to balance financial responsibilities. Courts also consider additional obligations, such as existing support commitments to other children or alimony, health insurance, and significant medical or educational expenses.

The ultimate goal of child support is to maintain the child’s standard of living as closely as possible to what it was before the divorce. It seeks to ensure an equitable distribution of support responsibilities to adequately support the child’s needs.

How Are Child Support Payments Calculated?

New Jersey uses an "Income Shares Model," designed to allocate child support to reflect the combined income and shared responsibilities of both parents. Generally, courts consider and calculate the following:

• Parents' Income: The gross income of both parents, including wages, bonuses, investments, and any other sources of income.
• Custody and Parenting Time: The amount of time each parent spends with the child affects calculations, as the custodial parent often bears a larger share of daily expenses.
• Child-Related Expenses: Specific costs, such as childcare, healthcare, and education, are to cover each child's unique needs.
• Standard of Living: The formula also considers the standard of living the child would have experienced if the family had remained together to keep the child’s quality of life consistent.
• Mandatory Deductions: Adjustments are made for taxes, health insurance premiums, and any existing child or spousal support obligations from previous relationships.

Can Child Support Orders Be Modified?

Child support orders can be modified if circumstances change significantly for either parent or the child. Courts can adjust the amount of support as family dynamics evolve, ensuring that the child’s needs are met appropriately.

Common reasons for seeking a modification include:

• Change in either parent’s income.
• Job loss or unemployment.
• Significant increase in the child’s needs.
• Changes in custody or parenting time arrangements.
• Higher cost of living.
• Disability of a parent or child.
• Cohabitation or remarriage of a parent.
• Change in household income.
• Relocation of either parent.
• Changes in health insurance availability.
• Receipt of inheritance or other large sum.
• Tax changes.

In New Jersey, child support is automatically increased every two years to accommodate annual increases in the cost of living, which often necessitates new support orders. Temporary Assistance for Needy Families (TANF) benefits are reviewed every three years and adjusted as necessary.

What if My Co-Parent Refuses to Pay Child Support?

The New Jersey Child Support Enforcement Program can act against parents who refuse to pay child support, such as wage garnishment, intercepting tax refunds, and suspending driver’s and professional licenses. If these measures fail and non-payment continues, the payor can face fines or jail time. By working through the court system or a child support enforcement agency, you can take steps to secure the financial support your child is entitled to receive.

How Can a New Jersey Child Support Lawyer Help Me?

An experienced New Jersey child support lawyer can provide crucial support in navigating the complexities of child support issues to ensure that your rights and your child’s needs are fully protected. A lawyer can help you establish, modify, or enforce child support orders and guide you through each legal step to secure appropriate financial support.

Whether you are seeking fair calculation of payments, handling disputes, or addressing non-payment issues, our skilled child support lawyers at Sanvenero & Cittadino Attorneys at Law can advocate for your interests, offer valuable advice on understanding New Jersey’s child support guidelines, help you prepare a strong case, and represent you in court if necessary.