Determining Child Support in New Jersey

When determining and filing for child support in New Jersey, individuals should contact New Jersey Child Support, a division of the New Jersey Department of Human Services. The state seeks to ensure that every child has food, clothing and shelter regardless of the parents’ relationship and enforces the provision of financial support as part of its efforts.

Understanding Factors Used to Determine Child Support in NJ

There are several steps used to calculate what amount of support each parent should provide. Here is a broad outline of the process:

Determine Fair Income. New Jersey mandates that all income of both parents, including overtime wages, lottery winnings and unemployment insurance, be included in the child support calculation. If one parent does not work but is able to assume gainful employment, the state will determine how much s/he is capable of earning and will use that figure in its calculation.
Determine Taxes and Deductions. The state only allows a few deductions and the Court will make the final decision about the correct amount of taxes. An individual may have more or less tax deducted, and other deductions, such as a retirement savings plan, may be added back into a parent’s total income if they are not mandatory withholdings.
Combine Net Income. New Jersey calculates parents’ combined net income after accounting for all taxes and necessary deductions. The state’s Guidelines chart is then used as a reference to determine the amount of the basic child support award, which is based on the number of children in the family.
Split Basic Child Support Award. The amount that each parent must contribute for child support is based on the percentage each contributes to the combined net income. In other words, the net income of each parent is divided by the combined net income, and s/he is expected to contribute that percentage of income for support.
Allow for Shared Parenting. A special deduction is calculated for the parent who pays support if s/he can demonstrate a visitation plan that details a shared parenting arrangement. That parent may have some of his/her expected contribution reduced based on that time.
Include Add-Ons and Special Deductions. Expenses such as child care and health insurance are added to the basic award and are to be paid by both parents in accordance to their expected percentage of contribution. In some instances, special deductions are made for other child support and/or alimony orders, as well as for certain government benefits.
Test for Poverty Income. There are tests integrated into the Guidelines to make certain that neither parent overpays nor receives too little support; however, these tests always favor the children by ensuring that the parent who spends the most time with them has enough money to care for them.
Issue Final Support Order. The amount calculated through the above steps is, according to the law, the correct amount of support that should be paid. Any objection or request to pay a different amount will require a special explanation.

Getting Help

Parents can facilitate this process by bringing all of the necessary information, such as income, tax and health insurance statements, with them to the child support conference. This will better ensure that the correct amount of support is determined from the outset. Having a qualified divorce attorney will also be helpful as your lawyer can explain your rights and argue on your behalf for custody or support.

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