How Income and Parenting Time Play A Role
The percentage each parent contributes to the family’s combined net income is a major consideration when calculating child support. For example, if one parent earns 40% of the combined income and the other earns 60%, their individual child support obligation would be impacted by this. One parent’s receipt of alimony from the other parent would require adjustment of these percentages. Be aware, though, that a parent who is unemployed or under-employed by choice is not exempt from their child support obligation; rather their share of this obligation can be based on their potential earning capacity.
Parenting time is another primary consideration. In shared custody arrangements when children spend essentially the same amount of time with each parent, it can sometimes be assumed that the parents’ financial obligations are met while the child is in their custody. Adjustments can be made if needed, particularly in cases where the custody is not exactly 50-50. Additional adjustments may be appropriate based upon the difference in the parents’ incomes and other factors.
In other parenting arrangements, one parent can have primary custody of the child while the other has visitation rights (also known as parenting time). In this case, it is common for the non-custodial parent, or parent of alternate residence, to make child support payments to the custodial parent, or parent of primary residence. The amount of financial support can be adjusted for the percentage of time the child is with the non-custodial parent, the parents’ incomes, and other factors.
New Jersey Child Support Guidelines include worksheets for shared parenting and sole parenting situations that can be used to calculate the exact amount each parent is expected to contribute to the cost of raising their children. These worksheets consider the parenting time and combined income factors described above, as well as circumstances relevant to individual families, such as the number and ages of the children involved, alimony or spousal support paid or received, and any support paid for children from other relationships.
How Long Do These Obligations Last
Typically, child support payments are made via income withholding. Self-employed individuals, however, can opt to make their support payments by cash, debit or credit card, electronic payment, or check. In New Jersey, these payments generally end once the child turns 19 or marries. There are exceptions, though, including:
- the child is still in high school
- the child is attending college, graduate school, or trade school full time
- the child is financially dependent due to physical or mental incapacities
If the child meets any of the above criteria, an extension of child support must be requested by the custodial, or receiving, parent within 45 days prior to their child’s 19th birthday. This request must also include a future date for termination, which must fall before the child’s 23rd birthday.
It is important to note that termination of a child support obligation does not absolve a parent of the responsibility to make all payments that are in arrears.
There are many other factors that affect child support in New Jersey. An experienced Family Law attorney can help you navigate all the complexities surrounding your rights and responsibilities under the New Jersey Child Support Guidelines and help ensure your children receive the financial support they are entitled to.