Child Support How is child support calculated in New Jersey?
New Jersey has "Child Support Guidelines" that apply a percentage to the non-custodial parent's income. These Guidelines are currently under review, and we anticipate a completely new set of Guidelines to take effect within the next few months. Who is the custodial parent?
The custodial parent is the parent who has custody of the child and who has filed for support services. A grandparent, relative or guardian of the child(ren) may be the custodial parent if that person has custody and has filed for support services. Support payments are paid through the state to the custodial parent who uses them for the child(ren). Who is the non-custodial parent?
The non-custodial parent is the person who has a duty to support the child(ren) and who is ordered to pay support to the custodial parent through the Child Support program. How do I calculate the amount of child support that must be paid? The Family Part of the Superior Court has free child support worksheets available in the Clerk's office, along with instructions. You must know the net pay, after subtracting all mandatory deductions, of the person who will be paying the child support. This amount is factored into a table that shows a child support range based on the number of children to be supported. You can estimate the approximate child support amount:
* for one child 21% of take home pay
* two children 33%
* three children 42%
* four children 47%
* five children 51%
* six children 56%
What if this amount does not cover expenses? The court sometimes will add to the child support order a requirement that the paying parent contribute toward day-care expenses or provide health insurance. In addition, the Court may make an award of alimony, or order one spouse to make a contribution toward other costs (special educational needs, or other extraordinary expenses, for instance) in addition to the child support. Please discuss these issues with your attorney. If possible, bring a copy of your weekly or monthly budget of living expenses to show your attorney.
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When we were divorced, the support was sufficient, but since the children have become teenagers, I cannot make ends meet. What can be done?We can file a motion asking the Court to modify your original judgment based on a substantial change in circumstances. The important thing to keep in mind is that the Court is primarily concerned with what is best for the children; the so-called "best interests" test. The following are the common issues the court faces in child support modification hearings:
Change of Employment: If a parent changes jobs and his or her income has changed, this may be a sufficient reason for modifying support. Quitting a job or just taking some time off, while looking for new employment will not justify a reason for modifying the support order.
Change in Custody Arrangements: This is a very common reason for adjusting a child support order. If a child is now living with the parent paying support, then the other parent is not having the expenses he or she would have previously had.
Change in Visitation Schedules: If the visitation time with a parent increases or decreases significantly, then the support obligation may be adjusted to reflect the change. Often times this can be overlooked.
Past-Due Child Support: Many parents question the amount of support they have paid or received over past years. There is no need to look back, because the court will not modify past due child support obligations. This is not permitted by federal law.
My ex-spouse owes me substantial amounts of unpaid child support. Can I enforce the Judgment of Divorce provisions regarding payment of child support?Mr. Afonso will make a Motion to Enforce Litigant's Rights application and ask for a wage execution, attorney's fees and other potential sanctions.
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