CHILD SUPPORT
Child support is usually governed by NJ Rules of Court Appendix IX.
The worksheet used to determine the support amount will depend upon the amount of overnights each parent has with the child(ren).
If the secondary caretaker, or parent of alternate residence has 104 or more overnights per year (in regularly scheduled parenting time with the child(ren), the “shared worksheet” is used. If not, the sole worksheet is used.
The sole worksheet will provide the primary residential parent or parent of principle residence with support.
The cost of medical insurance paid by a parent for the child(ren), as well as the work related childcare costs, can be included in the child support calculation so the cost is factored in and apportioned between the parents. (I do not like to include work related childcare in the child support obligation because the amount incurred will usually fluctuate significantly from year to year and the parties may need to then modify their support Order). The parties can pay these expenses directly to the provider in accordance with the percentage each party would be responsible to pay pursuant to the CS worksheets.
There is no bright line emancipation event in NJ. It is when children are no longer under the parents’ “sphere of influence”. However, Courts and most Marital Settlement Agreements will emancipate a child upon completion of the child’s education, the child working full time (not only during school recesses), the child entering the armed forces, getting married, etc.
Child support is NOT RETROACTIVELY MODIFIABLE. Support will only be determined, lowered or increased from the date an application is filed with the Court. If, however, there was a permanent change of residential custody or a terminating event, the court may terminate the obligation upon the happening of the terminating event.
Child support can be modified upon a change of circumstances. The Courts and the child support guidelines provide that as the children get older, expenses increase and child support should be increased.
Child support can be modified when a child attends college away from home.
Tips-
Always direct support through Probation. It is good for both parties so there is no issue about whether payments have been made or not.
I do not like to include childcare costs in the child support calculation, because when they change, the parties have to modify the support amount. However, if the obligor parent is not a good payor, including other expenses will help with enforcement and collection.
Extracurricular activities are included in child support, unless it is an extraordinary expense that both parents had agreed to. However, parties do usually agree to contribute to share these expenses over and above the child support.
The reality is that child support is insufficient to actually support a child, and the actual costs of a child are not covered by support.
The Courts have started to apportion the cost of car insurance, etc. and cell phones between parents over and above the obligation to pay child support. Same should be addressed in the parties’ agreement.
When there are multiple children, the amount of child support is not divided equally amongst the children, so if there are 2 children it will not be cut in half, or 3 children by a 1/3, when a child is emancipated. That is because while variable expenses change, fixed expenses, like rent, do not.
The child support obligation in sole worksheets will usually increase or decrease as the obligor’s income increases or decreases. The increase or decrease in an obligee’s income does not usually significantly modify the support amount because it is proportional. As an obligee’s income increases, the % of the child support amount they pay will increase, but the total support amount also increases, so the net effect on the obligor’s support obligation is not usually significantly changed.
NJSA 2A:34-23 (a) applies to high income cases where the guidelines do not apply.
It provides,
a. In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court in those cases not governed by court rule shall consider, but not be limited to, the following factors:
(1) Needs of the child;
(2) Standard of living and economic circumstances of each parent;
(3) All sources of income and assets of each parent;
(4) Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;
(5) Need and capacity of the child for education, including higher education;
(6) Age and health of the child and each parent;
(7) Income, assets and earning ability of the child;
(8) Responsibility of the parents for the court-ordered support of others;
(9) Reasonable debts and liabilities of each child and parent; and
(10) Any other factors the court may deem relevant.
The obligation to pay support for a child who has not been emancipated by the court shall not terminate solely on the basis of the child's age if the child suffers from a severe mental or physical incapacity that causes the child to be financially dependent on a parent. The obligation to pay support for that child shall continue until the court finds that the child is relieved of the incapacity or is no longer financially dependent on the parent. However, in assessing the financial obligation of the parent, the court shall consider, in addition to the factors enumerated in this section, the child's eligibility for public benefits and services for people with disabilities and may make such orders, including an order involving the creation of a trust, as are necessary to promote the well-being of the child.
As used in this section “severe mental or physical incapacity” shall not include a child's abuse of, or addiction to, alcohol or controlled substances.
In these cases it depends more upon the support needed to pay the child(ren)’s expenses, which will include roof and transportation expenses apportioned to the child(ren).