Child Support in New Jersey

Child support in New Jersey is a legal mechanism that ensures children’s needs are met after separation or divorce. Both custodial and non-custodial parents should know how child support works: how it’s calculated, what it covers and the process of filing, enforcing, modifying and terminating.

Here’s are some of the most asked questions about child support in New Jersey.

How is Child Support Calculated in New Jersey?

In New Jersey, child support is ordinarily calculated using the New Jersey Child Support Guidelines, a standardized formula that is intended to provide a fair distribution of financial responsibility between parents. Several factors influence the calculation, such as:

Parental Income: The combined gross income of both parents forms the foundation for determining the support amount. This includes salaries, bonuses, commissions, many forms of unearned income, investments, and other sources of income.
Parenting Time: The amount of overnights each parent spends with the child is factored in. The parent with primary residential custody of the child (i.e. more parenting time overnights per year) typically receives child support from the other parent.
Number of Children: Support amounts vary based on the number of children requiring financial support.
Child-Related Expenses: Work-related childcare costs, health insurance premiums, and unreimbursed medical expenses are included in the calculation.
Special Needs or Circumstances: The court may adjust the support amount to account for extraordinary expenses, such as medical conditions or educational requirements.
Ages of the children: In some circumstances, such as where the child support is initially calculated after one or more of the children have reached the age of 12, the child support may increase to reflect the cost of raising a teenager.
Governmental financial assistance: A parent’s receipt of governmental benefits on behalf of the child, or the child’s direct receipt of such benefits, is factored into the child support calculation.

These guidelines aim to reflect the cost of raising children in New Jersey and to ensure consistency across cases. However, deviations may occur if a judge determines that unique circumstances warrant adjustments.

What Does Child Support Cover in New Jersey?

Child support is intended to cover a wide range of expenses related to a child’s well-being and standard of living, including:

Basic Necessities: Food, clothing, and shelter costs are core components of child support obligations. These ensure the child’s day-to-day needs are met.
Health Insurance and Medical Expenses: Child support typically covers health insurance premiums and unreimbursed medical costs up to $250 per child annually. Extraordinary medical expenses beyond this amount may require additional contributions from both parents.
Educational Costs: School supplies, fees, and other educational expenses, such as extracurricular activities and tutoring, are often included.
Extracurricular Activity Expenses: Many extracurricular activity expenses, such as registration fees and basic uniform costs, are factored into the child support guidelines calculation.
Childcare Expenses: Costs for work-related daycare or other childcare services, can be added to the child support calculation in addition to the basic calculation.
Transportation Costs: Expenses associated with the child’s needs, such as travel or gas, are also covered in the child support award.

Child support is designed to maintain the child’s quality of life and ensure they have access to the resources they need to thrive.

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Which Parent Receives Child Support?

In most cases, the parent who has primary physical custody of the child, also known as the custodial parent, receives child support payments. This is because the custodial parent typically bears most of the day-to-day and routine expenses associated with raising the child.

However, in some situations (such as if parents share custody equally, or if one or both of the parents earn high incomes) the higher-earning parent may still be required to pay child support to ensure that the child’s needs are consistently met in both households. The goal is to prioritize the child’s best interests and ensure financial stability across both homes.

How to File for New Jersey Child Support

Filing for child support in New Jersey involves several steps:

Obtain an Application: Applications for child support can be downloaded from the New Jersey Child Support Services website or obtained at your local county’s Board of Social Services, Probation Division, or Family Court.
Complete the Application: You’ll need to provide detailed information about both parents and the child, including:
- Names, addresses, and contact information
- Employment details and income information
- Proof of expenses, such as childcare or medical bills
Submit the Application: Submit the completed application to the appropriate county office. There may be a small filing fee, depending on your circumstances.
Attend the Hearing: Once the application is filed, both parents will be notified of the hearing date. During the hearing, a judge or hearing officer will review the financial information and determine the appropriate child support amount based on the guidelines.

If you need assistance, the county’s child support office can provide guidance throughout the process. Alternatively, you can retain an experienced family law attorney who can work with you to complete the information, file the application on your behalf, and represent you in the court hearing.

What Should I Do if My Ex Doesn’t Pay Child Support?

If the non-custodial parent fails to make court-ordered child support payments, there are several enforcement options available:

Income Withholding: The most common enforcement method is garnishing the non-paying parent’s wages directly from their employer.
Tax Refund Interception: Federal and state tax refunds can be intercepted to cover unpaid child support.
License Suspension: Failure to pay child support for an extended period of time (i.e. more than six months) can result in the suspension of driver’s, professional, or recreational licenses.
Liens and Levies: The court can place liens on property or levy bank accounts to recover overdue payments.
Contempt of Court: In severe cases, the non-paying parent may be held in contempt of court, which can lead to fines or jail time.

To pursue enforcement, contact the Probation Division in the county where your child support order was issued. Keep detailed records of missed payments and any communication with your ex regarding the issue. In addition to the Probation Division’s independent enforcement options, you may also file directly with the Court to enforce an unpaid child support obligation, either with or without counsel.

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How Do I Modify Child Support in New Jersey?

Child support orders are not set in stone. If there is a significant change in circumstances, either parent can request a modification. Common reasons for seeking a modification include:

Job loss or substantial change in income that is not temporary in nature
Changes in the child’s financial needs
Changes in parenting time or custody arrangements
Long-term medical issues or disabilities

To modify a child support order, follow these steps:

File a Motion for Modification: Obtain and complete the required forms, including an “Application for Modification of Court Order,” a “Confidential Litigant Information Sheet,” and a financial statement (such as a Case Information Statement) with proofs.
Provide Evidence: Include documentation that supports your request, such as prior and updated financial statements with proofs, proof of medical or other expenses for the child, and other documentation justifying your request to modify child support.
Serve the Other Parent: Ensure the other parent receives a copy of your filed motion pursuant the Court Rules.
Attend the Hearing: A judge will review your request and decide whether a modification is warranted. Be prepared to explain why the change is necessary and how circumstances have evolved since the original order.

It’s important to remember that verbal agreements between parents are not ordinarily enforceable. Any modification to a child support obligation should be memorialized either in a Court Order or a Consent Order signed by the parties and filed with the Court.

What Age Does Child Support End in New Jersey?

In New Jersey, child support ends when a child becomes emancipated and therefore no longer requires financial support from the parents. This is usually when the child attains age 18 or graduates from high school, whichever is later. However, there are exceptions:

Post-Secondary Education: If the child is enrolled full-time in college or another post-secondary education program, child support may continue through the date of graduation (or termination of schooling), or through age 23, whichever is earlier.
Disability: If the child has a physical or mental disability that prevents them from becoming self-supporting, support in some manner may continue indefinitely.
Court Orders or Agreements: Parents may agree to extend child support beyond the standard termination age, or a court may order continued support in specific circumstances.

To terminate child support, the paying parent must file a motion with the court or demonstrate that the child has become emancipated under New Jersey law. The court will review the request and determine whether termination is appropriate.

Conclusion

Child support is key to children’s financial well-being after divorce or separation. By knowing how support is calculated, what it covers, and the process of enforcement, modification and termination, parents can better navigate their legal obligations and put their children first.

If you have questions or need help with a child support matter, contact our office today to schedule a consultation with a family lawyer. Call us now at 732-491-8075.