In most cases, the child support you pay or receive is strictly based on precedents factors set in law. However, you may have a say in the method in which you pay or receive child support, as well as how often your child support agreement is recalculated based on inflation. Sometimes, spouses will hold out on child support, especially if it is for a child they rarely see. These people are obviously in the wrong, and hiring an experienced attorney may help settle your dispute. If you are paying or receiving child support, you may have several questions about how child support in New Jersey works. If this is the case, please read on to learn more.
How can my child custody agreement affect child support?
Generally, two factors may affect child support. The first is the percentage of time the supporting parent spends with their children. The second is whether the supporting parent has shared or sole custody. If the supporting parent has shared custody, this means he or she spends 28% or more of overnight time per year with their children. For a parent to be considered a sole parent, the supporting parent must spend less than 28% of overnight time with his or her child.
How do I calculate child support?
Child support is primarily based upon the four following factors:
- The marital status of each parent
- Each parents’ yearly gross income
- The age of the children
- The amount of time each parent is expected to spend with their children
Keep in mind that “gross income” refers to each parents’ income after taxes, union fees, and any other previously existing child support orders have been deducted. You may use this tool to get a quick, free estimate regarding the calculated amount of child support you can expect to pay.
Are there any exceptions to the child support guidelines?
While the child support guidelines have more-or-less standardized child support agreements, if a court feels there is a reason to deviate from those guidelines, they may do so, provided they state their reason for deviation in their final Child Support Order. Some scenarios that may cause a family court to deviate from the standard guidelines are as follows:
- One household needs to support more than six children
- Either parent has un-reimbursed medical expenses
- The children have certain educational expenses
- Taking the special needs of the children into account
Contact our experienced Bergen County firm
The Partners at Townsend Tomaio & Newmark lead the firm practicing Family and Divorce Law exclusively. All Partners have been honored by their inclusion in the New Jersey Monthly Super Lawyers List for several years. They lead the boutique firm in handling custody, support, alimony, divorce, and domestic violence cases across Northern, New Jersey.
