By Robert Davies, Bergen County Family Law Attorney
It’s a question I hear almost daily in my Bergen County law office: “How much child support will I have to pay?” Or alternatively, “How much child support should I be receiving?” After 40 years of practicing family law in New Jersey, I know that few issues cause as much concern – or confusion – as child support. In this comprehensive guide, I’ll break down everything you need to know about New Jersey’s child support system, based on the latest 2024 guidelines.
The Foundation: New Jersey’s Income Shares Model
New Jersey’s approach to child support is based on a fundamental principle: children should maintain the same standard of living they would have enjoyed if their parents had remained together. This might sound straightforward, but in practice, it involves careful consideration of numerous factors and complex calculations.
How is Child Support Actually Calculated?
Let’s start with a practical example. Imagine a family where:
- Parent A earns $80,000 annually
- Parent B earns $40,000 annually
- They have two children
- Parent A has 104 overnights per year
- Parent B has 261 overnights per year
The court doesn’t simply look at these numbers in isolation. Instead, they consider:
- Combined Family Income
- The total family income ($120,000 in our example)
- Each parent’s proportional contribution (67% and 33% respectively)
- Basic Child Support Amount
- Food, clothing, and shelter needs
- Transportation costs
- Entertainment and incidental expenses
- Additional Expenses
- Health insurance premiums
- Unreimbursed medical expenses
- Work-related childcare
- Educational costs
Beyond the Basic Guidelines
In my decades of practice, I’ve learned that real-life situations rarely fit perfectly into standard guidelines. Here are some critical factors that might affect your child support calculation:
1. High-Income Considerations
If your family’s combined income exceeds $187,200 per year, additional considerations come into play. The court may:
- Apply the guidelines to the first $187,200
- Make supplemental awards based on children’s needs
- Consider the family’s lifestyle before separation
2. Special Circumstances
Your child support might need adjustment for:
- Children with special needs or disabilities
- Gifted children requiring additional educational support
- Extraordinary medical expenses
- College expenses (yes, this can affect basic child support)
Common Myths About NJ Child Support
Let me address some misconceptions I frequently encounter:
Myth #1: “Child support automatically ends when my child turns 18.” Reality: In New Jersey, child support may continue through college and beyond under certain circumstances.
Myth #2: “If my ex isn’t letting me see the kids, I can stop paying support.” Reality: Child support and parenting time are legally separate issues. Withholding support can result in serious legal consequences.
Myth #3: “We can agree to waive child support entirely.” Reality: Child support is the right of the child, not the parent. Courts generally won’t approve agreements that completely waive support.
When Can Child Support Be Modified?
Life changes, and child support orders can be modified when circumstances warrant. Common reasons include:
- Significant income changes (up or down)
- Job loss or disability
- Changes in parenting time
- Major changes in children’s needs
- Emancipation of older children
What Constitutes a “Changed Circumstance”?
Based on my experience representing clients in modification cases, courts typically look for:
- Changes that are substantial and non-temporary
- Income changes of 20% or more
- Significant shifts in parenting time arrangements
- Major health issues affecting income or expenses
Taking Action: What Should You Do Next?
If you’re facing child support issues in New Jersey, consider these steps:
- Gather Your Financial Documentation
- Last three years of tax returns
- Recent pay stubs
- Documentation of other income sources
- Proof of children’s expenses
- Track Your Expenses
- Keep detailed records of child-related costs
- Document extraordinary expenses
- Maintain receipts for shared expenses
- Consider Mediation
- Many support issues can be resolved through mediation
- Often faster and less expensive than litigation
- Allows for more creative solutions
- Seek Professional Guidance While online calculators can provide rough estimates, they often miss crucial factors that could significantly affect your support obligation or entitlement.
The Impact of COVID-19 and Remote Work
Recent years have brought new considerations to child support calculations:
- Income fluctuations due to economic changes
- Modified childcare needs with remote work
- Changes in medical insurance coverage
- New educational expenses related to remote learning
Your Next Steps
Understanding child support calculations is crucial, but every family’s situation is unique. As a Bergen County family law attorney with over four decades of experience, I’ve helped thousands of parents navigate these complex waters. Whether you’re facing an initial child support determination or seeking a modification, professional guidance can help ensure your children’s needs are met while protecting your rights.
Need More Information?
If you have questions about your specific situation, contact our Bergen County office to schedule a consultation. We can help you understand your rights and obligations under New Jersey’s child support guidelines.
Robert Davies is a Bergen County family law attorney with over 40 years of experience in child support, custody, and divorce matters. He has been rated “BV” by Martindale Hubbell Peer Review and serves clients throughout northern New Jersey.
