New Jersey Child Support Calculations
By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed February 21, 2025
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The income shares theory used to calculate child support says the combined parental income should support the children. The starting point is the income of both parents. It doesn't matter if they're together. The breakup of parents shouldn't deprive children.
Figuring out how much the non-custodial parent should pay is tricky. Child support is often an emotional topic. Parents should try to stay focused on fulfilling the needs of their children.
This article will show how New Jersey determines child support payments. This article discusses calculating child support payments in New Jersey.
Sole Parenting vs. Shared Parenting
The first step in calculating child support payments is determining the custodial parent and which type of parenting is in effect. New Jersey differentiates between two categories: sole and shared parenting.
Sole Parenting
Sole parenting is when a custodial parent (CP) has custody of the children and is their primary caretaker. In most instances of sole parenting, the non-custodial parent (NCP) makes child support payments.
Sole parenting is when both parents have physical custody of at least one child. The NCP can have parenting time that includes temporary physical custody for less than two nights a week on average or 104 nights a year (28%) and still be the paying parent.
Shared Parenting
If a child spends 28% or more overnight time (104 nights a year) with the NCP, the courts will use shared parenting guidelines to calculate the amount of child support.
Shared parenting accounts for the amount of physical time spent with each parent when determining child support amounts.
Calculating Child Support in New Jersey
Every child support situation in New Jersey is unique. The courts handle every Title IV-D ruling on a case-by-case basis. To illustrate the level of complexity, the New Jersey Court Rule for child support guidelines is 46 pages long. That doesn't include the charts, which are over 55 pages.
Whether custody is sole or shared, the amount of child support is set by the parents' joint income. New Jersey offers a child support calculator to estimate what the NCP might owe. This is not a legal or official amount. It's just a rough idea.
The needs of the child are most important in any child custody ruling. The court operates on having the best interests of the child in mind. This includes necessities like housing, clothing, food, and health care.
Because income is the main factor, it's pivotal that parents understand how their income gets calculated. The formula used includes:
- The number of children
- The ages of the children
- The amount of yearly overnight visits each parent spends with the children
- Health care expenses
- Necessities like food, clothing, work-related childcare costs, and other court-approved expenses
- The gross income of the parents
- Any allowances for children with special needs
- Spousal support payments
- Insurance premiums
Gross income is how much money the parents earn each year. This can also be affected by cost-of-living adjustments (COLA). There are many sources of gross income. These can include the following:
- Compensation for services, including wages, fees, tips, and commissions
- The operation of a business, minus ordinary and necessary operating expenses
- Gains derived from dealings in property
- Imputed income
- Workers' compensation
- Net gambling winnings
- The sale of investments (net capital gain) or earnings from investments
- Unemployment benefits
- Overtime, part-time, and severance pay
- Rents minus expenses
- Bonuses and royalties
- Alimony and separate maintenance payments from the relationship or past relationships
- Annuities or an interest in a trust
- Life insurance and endowment contracts
- Distributions from government and private retirement plans, personal injury awards, or other lawsuits
- Interest in a decedent's estate or a trust
- Disability grants or payments (including Social Security disability)
- Government benefits
- Profit-sharing plans
- Income tax credits or rebates excluding the Federal and State Earned Income Tax Credit (EITC)
- Income tax credits or rebates, excluding the New Jersey Homestead Rebate
Other forms of income not listed can qualify as gross income as well.
The court will use the New Jersey Basic Child Support Awards Schedule (Appendix IX-F) as a starting point for calculating a final amount.
Child support calculation will vary due to the factors already discussed. It's advisable to have a New Jersey child support attorney with you during the process to protect your rights and those of your children.
New Jersey Child Support Calculations: Summary
A simple-language guide to the statutes serves as a useful resource for nonlawyers. The chart below offers a concise overview of the laws that govern New Jersey's child support calculations.
| New Jersey child support calculation code statutes and rules | New Jersey Statutes Title 9 — Children, Juvenile, and Domestic Relations Courts
Rules of Court |
|---|---|
| Determining gross shared income in New Jersey | Gross earnings These are established based on tax records and pay stubs. New Jersey requires using both parents' income from the equivalent of a full-time job to arrive at a child support amount. The law defines combined net income as gross income minus the following:
Specific deductions Besides the child's share of everyday expenses such as food, clothes, and basic living expenses, there are other expenses that New Jersey allows for adjustments in the calculation of the income. These include:
|
| Sole parenting | The combined income from both parents goes into the formula; then they figure a basic monthly support using the state support guidelines. Sole parenting occurs when the non-custodial parent spends less than 105 days per year with the child (less than 28%). |
| Shared parenting | Income and overnight figures factor into the shared parenting equation. The calculations differ from sole parenting. Child support amounts are lower when using the shared custody equation. For shared parenting, New Jersey requires each parent to host the child overnight for more than 104 days per year (over 28%). |
Note: New Jersey state laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. Please consult a family law attorney or conduct your own legal research to confirm current state laws.
New Jersey Child Support Calculations: Related Resources
- New Jersey Family Laws
- New Jersey Child Custody Laws
- Child Support Amounts
- Child Support Calculators: Are They Accurate?
- Judiciary Electronic Documentation System (JEDS)
Need Help With Child Support Calculations in New Jersey? Speak With an Attorney
Determining New Jersey's child support calculations is complex. Specific circumstances can make things even more confusing. For an accurate determination of the support for the benefit of you and your child, talk to an experienced New Jersey child support attorney for legal advice. They'll use the New Jersey Child Support Guidelines to give you a number that makes sense.
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