When parents separate or divorce in New Jersey, ensuring children receive proper financial support becomes a top priority. Child support isn't just about money; it's about making sure children maintain their standard of living and have access to the resources they need to thrive, even when their parents no longer live together.
What Is Child Support in New Jersey?
Child support is a court-ordered financial obligation that ensures both parents contribute to raising their children. In New Jersey, both parents are legally responsible for supporting their children, regardless of their relationship status or living arrangements.
The New Jersey Child Support Program helps families by setting up support orders, collecting and distributing payments, and providing assistance when circumstances change. The program operates under the principle that children deserve support from both parents, emotionally, financially, and medically.
Child support typically covers essential expenses, including housing, food, clothing, healthcare, education, transportation, and reasonable extracurricular activities. The goal is to maintain a similar quality of life for the child as they would have experienced if both parents remained together.
How New Jersey Calculates Child Support
New Jersey uses the Income Shares Method to calculate child support. This approach is based on the idea that children should receive the same proportion of parental income they would have enjoyed if their parents lived together.
Here's how it works: The court combines both parents' income to determine the total amount available for child support. Each parent then contributes their proportional share based on their individual income percentage.
What Counts as Income?
When calculating child support, New Jersey courts consider various income sources:
- Wages, salaries, tips, and commissions
- Self-employment income (after deducting necessary business expenses)
- Bonuses, overtime pay, and severance packages
- Social Security benefits, pensions, and retirement distributions
- Unemployment and disability benefits
- Investment income, rental income, and dividends
- Alimony received from previous relationships
- Workers' compensation payments
The court starts with gross income, then makes deductions for income taxes, mandatory retirement contributions, and union dues to arrive at net income. This net income forms the basis for the child support calculation.
Imputing Income
Some parents try to avoid fair child support payments by voluntarily reducing their income or remaining unemployed without legitimate cause. When this happens, judges can "impute" income, meaning they'll base the child support calculation on what that parent should be earning based on their work history, education, skills, and local job opportunities.
Parenting Arrangements and Support
The amount of time children spend with each parent directly affects child support calculations. New Jersey recognizes two primary parenting arrangements:
Sole Parenting
When a child spends fewer than 104 overnights per year (less than 28% of the time) with one parent, the courts use the sole parenting worksheet. The parent with primary residence receives child support from the other parent, with the assumption that they're spending their share directly on the children.
Shared Parenting
If a child spends at least 104 overnights per year (28% or more) with the alternate parent and has separate living accommodations at that home, courts use the shared parenting worksheet. This arrangement recognizes that both parents incur direct expenses while caring for the children.
Additional Expenses Included in Child Support
Beyond the basic child support amount, New Jersey courts factor in several other costs:
Health Insurance and Medical Costs
If one parent provides health insurance for the children, that cost is divided proportionally between both parents based on their income. Out-of-pocket medical expenses under $250 per year are included in the basic support amount, but costs exceeding this threshold may be shared separately.
Child Care Expenses
Work-related daycare or after-school program costs are typically added to the basic child support calculation and shared proportionally between parents.
Recurring Predictable Costs
The basic support amount includes expenses like school supplies, field trips, reasonable extracurricular activities, clothing, and age-appropriate entertainment.
When Child Support Ends
In New Jersey, child support generally continues until a child turns 19 or graduates from high school, whichever comes later. However, there are important exceptions:
Child support may continue beyond age 19 if:
- The child is still enrolled in high school or secondary education
- The child attends college or vocational school full-time
- The child has a physical or mental disability that existed before age 19
Child support typically cannot extend beyond age 23, except in cases involving children with severe disabilities requiring ongoing support.
Parents receiving child support must file a request for continuation before the child turns 19 if they believe support should continue. Without this request, support automatically terminates.
Modifying Child Support Orders
Life circumstances change, and New Jersey recognizes that child support orders may need adjustments. You can request a modification if there's been a substantial change in circumstances since the original order, such as:
- Significant income changes (job loss, promotion, new employment)
- Changes in the child's needs (medical issues, special education requirements)
- Alterations to parenting time arrangements
- Changes in health insurance or childcare costs
To modify child support, you must file a motion with the court explaining the changed circumstances and providing supporting documentation. The other parent has the opportunity to respond, and the court will schedule a hearing to review the evidence.
Additionally, New Jersey automatically reviews child support orders every two years for cost-of-living adjustments based on the Consumer Price Index for metropolitan New Jersey areas.
Enforcing Child Support in New Jersey
Child support is a legal obligation, and New Jersey takes enforcement seriously. If a parent fails to make court-ordered payments, the New Jersey Child Support Program has several enforcement tools:
- Income withholding from paychecks, unemployment benefits, or disability payments
- Intercepting federal and state tax refunds
- Suspending driver's, professional, or recreational licenses
- Reporting to credit bureaus
- Seizing assets or lottery winnings
- Contempt of court proceedings, which can result in fines or arrest
Payments are processed through the New Jersey Family Support Payment Center, which provides multiple payment options including direct deposit, check, payment apps, or a state-issued debit card.
Topic | Key Points |
Calculation Method | Income Shares Method, both parents' income combined, then divided proportionally |
Sole Parenting | Child spends less than 28% of overnights with alternate parent |
Shared Parenting | Child spends 28% or more of overnights with alternate parent |
Typical End Age | Age 19 or high school graduation (whichever is later) |
Maximum Duration | Age 23, except for children with severe disabilities |
Modification Basis | Substantial change in circumstances |
Cost-of-Living Adjustments | Automatic review every two years |
Getting Help With Child Support
Child support calculations involve complex formulas, worksheets, and legal considerations. While New Jersey provides online calculators and worksheets to estimate child support amounts, the actual court order may differ based on your specific circumstances.
Parents can reach agreements on child support outside of court, but these agreements must be submitted to a judge for approval to ensure they meet state guidelines or have valid reasons for deviation.
The New Jersey Child Support Program offers assistance with establishing paternity, locating parents, setting up support orders, and enforcement. You can access resources and information through the state's official child support website or by contacting your local County Board of Social Services.
For complex situations, such as high-income families, business owners, cases involving imputed income, or contested modifications, consulting with an experienced family law attorney can help protect your rights and ensure the best outcome for your children.
Remember, child support exists to benefit children and ensure they receive the financial resources they need from both parents. Understanding how the system works empowers you to advocate effectively for your child's well-being while meeting your legal obligations.