Under the law, both parents are responsible for the financial needs of their children. In an intact family, the parents pool their combined income and share the expenses for the members of the household, including children.
New Jersey's Child Support Guidelines are based on economists' estimates on what parents in intact New Jersey families spend on their children. The same income sharing approach is used to determine how divorced or separated parents will share a child support award. The Guidelines recognize each parent's net monthly income.
The Guidelines are applied up to the combined net annual income of $187,200, or combined weekly net income of $3,600. Then, adjustments to the support obligation may be made, based on a parent's parenting time with the child, that either parent supports other legal dependents, or the age of the child.
A child over age 12 is considered to have more expenses than a younger child, and support is adjusted upward. Furthermore, child-related expenses such as work-related child care, health insurance premiums for the child, unreimbursed health care expenses or other predictable and recurring expenses for the child may be added to the basic child support obligation.
In "extreme income" situations, where the combined weekly net income exceeds $187,200 per week, the court shall apply the guidelines up to $187,200 and supplement the guidelines-based award with a discretionary amount based on the remaining family income and the factors specified in N.J.S.A. 2A:34-23 (a). A child's extraordinary expenses not covered in the basic award can be added to the child support obligation as appropriate.
In high income cases, children are entitled to be supported in a manner reflective of the parents' standard of living and share in their parents' good fortune.
If income is below the poverty level, another approach is used. Child support awards hinge on custodial and parenting time arrangements and designations. New Jersey utilizes the term "PPR", or "Parent of Primary Residence" for the custodial parent, and the "PAR" or the “Parent of Alternate Residence" for the non-custodial parent. A child support award in a sole parenting situation reflects the share of child-rearing costs the PAR pays to the custodial parent for the benefit of the child or children.
The award may need to be adjusted to reflect the parenting time the PAR spends with the child, and to accommodate duplicate and shifting expenses.
The Sole-Parenting worksheet, set forth in Appendix IX-C, is used to calculate child support when the PAR spends less than two or more overnights with the child each week; this is less than 105, or or 28% of 365 overnights. Appendix IX-F is a chart setting forth Sole Parenting awards up to the combined net income cap.A shared parenting situation is defined as one where the child spends most of his or her overnight time, (more than 50% of overnights annually), with the PPR.
This arrangement recognizes that the PAR must establish and maintain separate living accommodations for the child during overnight stays. The application of the Guidelines to shared parenting situations recognizes both parents':fixed costs, such as housing, and utilities, and household furnishings; variable costs such as transportation and food, which follow the child; and controlled costs, over which the PPR has direct control, such as clothing or entertainment. The Shared-Parenting worksheet, set forth in Appendix IX-D, sets forth each parent's share of the shared parenting basic child support amount.
As an attorney, I use a comprehensive child support calculator and software to plug in the relevant factors and "run the numbers" using different scenarios and approaches to custodial and parenting time, the parties' finances, and the children's needs and expenses.
Negotiations frequently entail many moving parts which will impact the child support awards pursued or agreed to.For those who wish to learn about the Guidelines, or utilize the worksheets to calculate awards, they are set forth in great detail in the Appendix to the Rules. Specifically:
Appendix IX-A sets forth the considerations in the use of the Child Support Guidelines.
Appendix IX-B sets forth line by line instructions on how to complete a Sole-Parenting or Shared-Parenting worksheet and calculate support.
Appendix IX-C is the sole-parenting worksheet.
Appendix IX-D is the shared-parenting worksheet. These worksheets are fillable and may be printed.
Appendix IX-E sets forth worksheets to calculate net child care costs for the children, which may be added to the support obligation.
Appendix IX-F sets forth sole parenting awards up to the combined net income of $3,600 per week or $187,200 per year.
Appendix IX-H sets forth the combined tax withholding tables used for the Guidelines calculations.Divorcing or separated parents must "run the numbers" and understand the amount of support the Guidelines calls for.
While many parents consent to an award that differs from an award calculated using the Guidelines, the parties' agreement or consent order must set forth the amount what would have been awarded if using the Guidelines, and the reason that the stipulated award differs from the Guidelines-based award.Make sure to work closely with your attorney to fully understand the law on child support, and your child support arrangements. I am very happy to help you with any child support issues you may have.