Reviewed by Laurie L. Newmark, ESQ.
Key Takeaways
- New Jersey child support covers a child’s everyday needs, housing, food, clothing, transportation, and routine medical costs up to $250 per child a year, all built into the basic support amount.
- Medically necessary braces cost more than that $250, so the excess is added to support and split between parents by income, not capped at $250. Purely cosmetic braces are treated differently.
- If a parent stops paying, New Jersey can enforce support through wage withholding, tax and lottery intercepts, license suspension, liens, and more.
Child support is meant to cover many of the expenses associated with caring for a child, but what happens when an extraordinary cost arises? A common source of expenses for children is orthodontic work, like braces. Does the non-custodial parent have to pay for that too? The answer is usually yes, but there are some things that both parents should know about how a big expense like braces can be handled. In New Jersey, child support generally adheres to the state’s Child Support Guidelines to cover a child’s basic needs, like housing, food, clothing, and routine medical costs, up to $250 per child annually. Larger, predictable expenses, such as medically necessary braces, may be added to basic support, with the cost divided proportionately based on each parent’s income. In the event a parent fails to pay child support, the court can utilize several enforcement methods to collect the required support. Our Morris County, NJ child support attorneys can tell you more.
What Does Child Support Cover in New Jersey?
In New Jersey, child support is calculated using the Child Support Guidelines, which operate under the assumption that both parents will contribute financially to raising the child based on their income. This basic support amount is intended to cover daily expenses, such as:
- Housing, food, and clothing
- Transportation
- Entertainment and everyday miscellaneous items
- Routine unreimbursed medical and dental costs, up to and including $250 per child per year
As these basic costs are built into the basic support figures, paying parents typically do not have to provide child support and separately provide support for expenses like clothing, food, or other basics, as these are already accounted for in the base support payment.
Certain larger expenses, however, are added in addition to the basic support obligation and will be shared between both parents in proportion to their incomes, as established in Appendix IX-A of the Child Support Guidelines.
These additional costs can include work-related child care, the health insurance premium for the child, and other predictable and recurring unimbursed medical expenses totaling more than $250 per child, per year. Additionally, any other extraordinary costs may be included, subject to court approval.
Is Child Support Meant for Medical Expenses Like Braces?
First and foremost, it is important to understand that, as noted above, the first $250 per child annually is not a deductible that the custodial parent is responsible for paying separately. This $250 is built into the baseline child support calculation.
However, it is the predictable, recurring medical expenses above that $250 threshold that will be added on and split according to each parent’s income. This is typically where considerable orthodontic expenses fall.
Health insurance does not cover everything, so it’s highly likely that your children will have more than $250 in healthcare expenses during the year. Even if the services they need are covered by insurance, there are still co-pays, deductibles, and other potential costs to worry about. So if you are the parent paying child support, you should also be putting aside money that could be used for these expenses.
What Happens if a Child Does Need Braces?
Braces are often one of the most expensive treatments a child is going to need growing up. Many kids start to experience dental and orthodontic issues once their permanent teeth grow in, so it’s important to get them checked out by an orthodontist as soon as possible.
Braces deemed medically necessary are generally a predictable, recurring, numbered medical expense that exceeds the $250 threshold. As such, this cost will typically be added to the standard child support payment and split between both parents proportionally to their respective incomes. While the existing child support payments help, each parent will contribute to the orthodontic bill in proportion to their earned income.
What If the Braces Are Just Cosmetic?
In some cases, people just want braces for cosmetic reasons. Their teeth are mostly fine, but they want to correct a minor issue or make their smile just a little straighter.
Orthodontics solely for cosmetic reasons is not medically necessary, and therefore will not automatically be treated as an add-on expense that the non-custodial parent must contribute to, as they would be required to for medically necessary treatments. Your lawyer can help you address these matters.
What If a Parent Does Not Pay Child Support?
It is critical to understand that child support is a legal right of the child, meaning a parent cannot waive their obligation to pay, nor can the receiving parent waive their right to accept support.
As such, if a parent owes child support and falls behind on their payments, New Jersey has a number of enforcement methods.
One option is the New Jersey Child Support Program, which works through Probation Services. This allows the court to locate a non-paying parent, establish paternity if necessary, and collect the outstanding payments owed to the custodial parent.
Enforcement tools often utilized by the court to collect outstanding child support payments include:
- Automatic income withholding (wage garnishment)
- Interception of tax refunds or lottery winnings
- License suspensions, including driver’s licenses, professional licenses, and recreational licenses
- Property liens
- Bank account seizure
- Reporting to credit bureaus
- Passport denial
- In serious cases, enforcement hearings and subsequent issuance of bench warrants
Can a Lawyer Help Me?
Your lawyer can help you negotiate with your former spouse when it comes to big expenses like braces. Who should pay and how much is often an area where there is some wiggle room. It may also be possible to work out a deal where you pay off your portion of this expense over time.
It’s also important to understand that children’s needs often change over time, so either parent can petition the court to modify a support order if the circumstances have changed significantly. If your ex tries to bring you to court over a big expense like this, having a lawyer on your side can be quite helpful.
Contact Our Child Support Attorneys
If you are confused about your current child support agreement, what it covers, or how to enforce it, we may be able to help. Contact Townsend, Tomaio, Newmark & Clancy to schedule a consultation with our team, and we can help you address costly items like braces.
