Child Support & Custody:

Under New Jersey law, each parent is required to support their children. In fact, child support cannot be waived by either parent as the support is viewed as the child’s right, not the parent’s. Generally speaking, the purpose of child support is to ensure that your child is able to lead healthy and productive life despite the breakdown of your marriage. In most cases, the non-custodial parent will be responsible for paying child support.

Child support is calculated using the child support guidelines. The guidelines start by determining the basic child support amount which is based on the total income of each parent. The basic child support is then allocated between the parents based on factors such as the income of each parent and the amount of time the child spends with each parent. Note: The Child Support QuickCalc on NJChildSupport.org is usually incorrect.

Basic child support includes costs for housing, food, the child’s clothing, transportation, unreimbursed health care up to $250, entertainment, and other items such as personal care products and services. Expenses incurred for child care expenses, the child’s health insurance, health care costs over $250 per year that are predictable and reoccurring, and other court-approved costs expenses are added to the child support calculation.

New Jersey Court Rule 5:6A only allows the court to modify or disregard the guidelines when good cause is shown or as provided in Appendix IX-A. One reason to modify the guidelines is when the net combined family income exceeds $187,200. In cases such as this, the factors under NJSA 2A:34-23a will be considered. The factors under N.J.S.A. 2A:34-23a are: Needs of the child

Standard of living and economic circumstances of each parent

All sources of income and assets of each parent

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

Need and capacity of the child for education, including higher education

Age and health of the child and each parent

Income, assets and earning ability of the child

Responsibility of the parents for the court-ordered support of others

Reasonable debts and liabilities of each child and parent, and

Any other factors the court may deem relevant

Yes. Judges in New Jersey are permitted to allocate the cost of college between the parents. Additionally, Judges in New Jersey are also authorized to order continued child support while the child is in college.

First, it is important to understand that there is legal custody and physical custody.

Legal custody dictates who can make the major decisions regarding health, education, general welfare for the child, including religious-type decisions. If sole custody is awarded to a parent, that means the parent makes all major decisions pertaining to the child and the other parent does not make any of the decisions. In joint legal custody, each parent is involved in the major decisions regarding the child. Legal custody also provides a parent the right to access a child’s education and medical records from their school and professional medical providers.

Physical custody addresses where the child lives. When one parent is awarded primary physical custody, the child lives with that parent (custodial parent) and spends less than 2 nights per week (or equivalent) plus vacation time with the non-custodial parent. When shared physical custody is granted, the child will spend more than an average of two nights per week with each parent. Shared physical custody plans vary greatly from family to family. In some cases, the child will spend slightly more than an average of 2 nights per week with one parent and spend the rest of the nights with the other parent. In other cases, the child will split his or her nights equally between the parents.

New Jersey statutes are unbiased and provide equal rights to physical custody of a child unless one parent is incapable of parenting the child. Decisions about child custody and parenting time must be based on a child’s best interests. If you and your spouse can agree to a child custody arrangement, the court will grant the arrangement so long as it is not against the child’s best interest. If you and your spouse cannot agree on an arrangement, the court will determine the appropriate custody arrangement. Under N.J.S.A. 9:2-4, the court considers a multitude of factors, such as:

The parents' ability to agree, communicate and cooperate in matters relating to the child

The parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse

The interaction and relationship of the child with its parents and siblings

The history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent

The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision The needs of the child

The stability of the home environment offered

The quality and continuity of the child's education

The fitness of the parents

The geographical proximity of the parents' homes

The extent and quality of the time spent with the child prior to or subsequent to the separation

The parents' employment responsibilities, and

The age and number of the children