New Jersey Child Support Guidelines

This article explains how child support guidelines work and what you should expect to encounter during the process. Read on for a better understanding of child support guidelines in New Jersey.

New Jersey Child Support Guidelines - Understanding The Basics

Seeing how the New Jersey child support guidelines work is easier if you have a firm grasp on what child support is. When having both parents raise the children together in a single household is not an option, child support is a requirement. This is to ensure basic needs are met and that the order is in the child's best interests.

Under Title IV-D of the Social Security Act of 1975, federal law stated that each state had to create an agency to oversee the collection, disbursement, and enforcement of child support payments. The New Jersey Child Support Division handles all administrative aspects of child support. It works with the family court on the creation of child support orders.

Regardless of their relationship with the other parent, each parent is obligated to provide for their minor children. Court orders determining child support can come from divorce proceedings, child custody cases, or a birth parent filing a petition for support with the Child Support Division of the New Jersey Department of Human Services.

In New Jersey, most child support obligations end when the child either turns 19 years old or graduates from high school, whichever happens first. Extensions are possible for continued education or if the adult child suffers from certain physical, mental, or emotional challenges. Parents should file the Request for Continuation of Support form mailed to them to indicate ongoing support.

The parent who has the child for the most overnights per year is the custodial parent (CP) and the Parent of Primary Residence (PPR). The other parent is the noncustodial parent (NCP). The child custody arrangement between the birth parents affects child support payments. Two different types of custody are used by the New Jersey guidelines for child support payment:

Shared Parenting

If a child spends 104 overnights per year (28% of nights) or more with the NCP, the courts use shared parenting guidelines to calculate the amount of child support. Shared parenting considers the amount of physical time spent with each parent when determining child support amounts. Child support payments for the NCP are lower because they are presumed to spend money while having the child.

Sole Parenting

Sole parenting is based on a custodial parent (CP) who has custody of the children and is the PPR. Sole parenting is used if both parents have physical custody of at least one child. The NCP remains the paying parent if their amount of physical custody is less than 1o4 overnights per year (28%).

In most instances of sole parenting, the non-custodial parent (NCP) is the one making child support payments. All payments are sent to the New Jersey Family Support Payment Center (NJFCPC) and handled by NJ Child Support. FindLaw's New Jersey Child Support Payments article contains everything you need to know about making and receiving child support payments in the state.

Before any work on a child support order can begin, there needs to be legal recognition of the child's parents. A child born to a married couple is considered their offspring. Unmarried parents who agree the child is theirs can sign a Certificate of Parentage, which is a legal document. For disputed parentage, genetic testing is the next step. This is either voluntary or compelled by a court order.

New Jersey Child Support Guidelines - Determining Child Support Payments

Unless there's a compelling reason for deviation, New Jersey courts will set child support orders using the guidelines. While no two child support orders are the same, the courts use the same two worksheets (shared parenting and sole parenting) for calculation. This provides uniformity and fairness in determination. Parents can use the worksheets for estimation, but the final amounts may differ.

New Jersey child support guidelines use an income shares model. Under this system, each parent's income is combined to determine how much money is available for child support. Gross income includes all earning sources, including:

• Compensation for services, including wages, fees, tips, and commissions

• Alimony and separate maintenance payments received from the current relationship or past relationships

• Annuities or an interest in a trust

• Bonuses and royalties

• Disability grants or payments (including Social Security disability)

• Distributions from government and private retirement plans, personal injury awards, or other lawsuits

• Gains derived from dealings in property

• Gambling winnings

• Government benefits

• Imputed income

• Income tax credits or rebates excluding the Federal and State Earned Income Tax Credit (EITC)

• Income tax credits or rebates excluding the Federal and State Earned Income Credit and the New Jersey Homestead Rebate

• Interest in a decedent’s estate or a trust

• Life insurance and endowment contracts

• Overtime, part-time, and severance pay

• Profit-sharing plans

• Profits from the operation of a business, minus ordinary and necessary operating expenses

• Rental income (minus expenses)

• Sale of investments (net capital gain) or earnings from investments

• Unemployment benefits

• Workers’ compensation

After deductions and the addition of other costs, the combined net income uses the Schedule of Basic Child Support Awards to determine a basic obligation amount. This is then split by the percentage each parent contributed to the combined income amount.

After more added costs like health insurance premiums, other health care costs, and child care expenses, becomes their child support obligation. Figuring out child support payment amounts is a complicated process. FindLaw's New Jersey Child Support Calculations article breaks the process down step by step for easier understanding.

New Jersey Child Support Guidelines - Recap

Using the New Jersey child support guidelines is a daunting task. The table below summarizes what you've learned. Links are added for further research.

Note: New Jersey state laws change through the passage of new legislation, ballot initiatives, higher court rulings that include federal decisions, and other means. While we strive to provide the most up-to-date information available, please consult a family law attorney to confirm current New Jersey law.

New Jersey Child Support Guidelines: Additional Resources

• New Jersey Child Support Calculations

• New Jersey Child Support Modifications

• New Jersey Child Support Payments

• Child Support Laws

• New Jersey Child Support: Resources/Forms (New Jersey Department of Human Resources)

Need Help With New Jersey Child Support Guidelines? An Attorney Can Help

Child support guidelines in New Jersey are based on the earning capacity of both parents. If your standard of living is suffering from making child support payments, it's a good idea to speak with a New Jersey child support attorney. They can help you deal with New Jersey child support services and get the best outcome possible.