In New Jersey, child support is calculated pursuant to the New Jersey Child Support Guidelines. The purpose of the New Jersey Child Support Guidelines is to provide the Court with economic information to assist in the establishment and modification of fair and adequate child support awards. See New Jersey Rules of Court, Appendix IX-A. There is a rebuttable presumption that the Child Support Guidelines will be used. Meaning, the Court will assume that these guidelines should be used, however it is possible to make an argument to the Court as to why they should not be used. There are various reasons to deviate from the Child Support Guidelines , including (but not limited to) the parties earning an income higher than contemplated by the Child Support Guidelines , a child having special needs, a child going away to college, or the parties have a true 50/50 parenting time plan.
There are various factors that the guidelines take into consideration, including, not limited to, the incomes of both parents (including alimony paid or received). Further, a payor parent will receive a credit in the Child Support Guidelines for payments such as medical insurance premiums for the children, and for overnights with the children. Additionally, a payor spouse may receive a deduction if he/she has a child support obligation for another dependent child (from a different relationship). It is important to consult an experienced family law attorney if you have questions regarding calculation of child support. Posted by Robyn E. Ross, Esq.
