All You Need to Know About Child Support Laws in New Jersey

Child support refers to the money parents have to pay to help cover the costs of raising a child. This ensures that children continue to receive financial support even if their parents are no longer living together. Each state has its own rules when it comes to child support. If you live in New Jersey, here is what you should know regarding child support payments:

Who Has to Pay Child Support?

In New Jersey, both parents are responsible for supporting their children financially. Usually, the parent who doesn’t have the primary custody of a child makes the payment. The parent who resides with the child, who is known as PPR (parent of primary residence), is assumed to spend their parent’s share of child expenses directly on the child. 

So, do you have to pay child support if you have 50/50 custody in NJ? Well, if the parents share custody, the amount paid depends on how much time the child spends with each parent. If the parent of the alternate resident (PAR) has at least 28% of the time with the child in a year, the court will use the shared parenting worksheet. If they spend less than 28%, the sole parenting worksheet is used. 

How Is Child Support Calculated in New Jersey?

NJ uses the “Income Shares Method” to calculate child support. This means the court looks at both parents’ income. For instance, if the combined income is $100,000 per year, Parent A makes $60,000 while Parent B makes $40,000. Since Parent A earns 60% of the total, they will pay the equivalent in child support, and Parent B pays for the remaining 40%. 

In New Jersey, 401(k) and retirement plans don’t count as income. However, income includes everything, such as:

  • Tips
  • Disability benefits
  • Alimony payments 
  • Rents or any property dealings
  • Interests
  • Dividends

There are some factors that affect the child support amount, such as:

  • Number of children being supported
  • Childcare and related expenses
  • Health insurance costs
  • Special medical and educational needs

In some cases, the court may adjust the amount if the standard calculation doesn’t seem fair. 

What Does Child Support Cover?

Child support meets the child’s basic needs, like food, clothing, housing, health insurance, extracurricular activities, and education. It is important to know that the money is for the child and not the custodial parent. This helps in ensuring the child has what they need to grow in a healthy and secure environment. 

Changing or Enforcing a Child Support Order

Life changes, and so do financial situations. In New Jersey, all child support orders are reviewed and adjusted every two years to match the cost of living. This is called the cost-of-living adjustment (COLA), which is based on the Consumer Price Index

You can ask the court to change the support amount if there is a significant change that justifies a 20% adjustment. If a parent doesn’t pay child support, they can face consequences like:

  • Getting their driver’s license suspended
  • Tax refunds being seized
  • Being denied a passport
  • Credit report agencies being notified
  • Being summoned to court

NJ takes child support seriously, and there are systems in place to help collect payments and unpaid amounts. 

When Does Child Support End in New Jersey?

In most cases, child support ends when the child turns 19. However, it can continue until 23 when the child is in school full-time or has a disability that requires continued support. Other reasons for stopping child support payments are when the child ends up:

  • Married
  • Joins the military
  • Dies

Conclusion

Child support laws are designed to make sure that no matter the circumstances, every parent fulfills their parental obligation. If you are dealing with child support issues in New Jersey, it is a good idea to talk to a family law attorney.

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