NJ Child Support - Guidelines, Calculator and Laws
92This article will provide you with an overview of child support in New Jersey. It is not intended to provide any legal advice. You should always consult with an attorney before you engage in any legal action including divorces and child support motions. Thus, the purpose of this article is to allow you to have a more intelligent discussion with your attorney so that you can better understand and evaluate his or her advice. Please keep in mind that this article only provides a brief overview of child support. The law on this subject is vast and there are numerous issues that will not be addressed.
How to ask a court to set, increase or reduce child support
In order to force the other parent to pay child support, you have to file a motion with your local county court. Your attorney will draft all of the forms for you and provide you with forms that you will need to print out. A motion includes a notice of motion, a certification and a proposed form of order. You will also need a few other forms. However, the exact forms you need depend on whether you are divorced (or in the process) or whether you have never been married to the other parent.
If you have filed for divorce or you are already divorced, your docket number will begin with FM. A docket number is how every case is tracked in the court system. In addition to your motion, you will need to pay a $30 filing fee and fill out a case information statement.
If you are not married, or married and legally separated, your document number will begin with FD. You can use the same document to get more information about your case but you should always contact the court to get more information about what documents you will need to file. Unlike FM docket motions, there is no filing fee. In addition, instead of filling out a CIS, you only need to fill out Financial Statement for Summary Support Actions, which is included in the above packet.
Who will set the child support amount
Due to the high volume of cases and the lack of judges in our system, most litigants seeking a change in child support will not see a judge. Instead, you will see a hearing officer that is well versed in child support law. Although they are not judges, they should be afforded the same amount of respect.
How is child support calculated
Child support is not just a number pulled out of the air. Instead, it is based on the child support guidelines which are estimates of what parents in intact families spend on their children. Because spending on children will vary with the income of each family, the incomes of both parties are used to determine the child support award. The child support worksheet is used by the court to enter the required data that will be used to calculate the award. Although gross income is used, the actual child support award is based on the combined net income of the parents. Generally, net income is gross income minus income taxes, mandatory union dues, mandatory retirement, and previously ordered child support payments.
Pay stubs and taxes
Although the court notice for the child support hearing will indicate that each party must bring their last three pay stubs and the most recent tax documents, this evidence is largely ignored by the court due to the high volume of cases and the number of pro se litigants that don't know any better. Your attorney should demand that both sides produce all of the required documents so that the child support award is not based upon the statements of one or both parties.
Do the guidelines apply to everyone?
The guidelines are applicable for parties with a joint net income range from $170 per week to $2,900 per week. In addition, the guidelines are applicable to parties with up to six children. For parties that fall outside these qualifications, a court will set the child support award based on numerous factors.
Internet child support calculators
Attorneys spend a lot of money to obtain the most up to date child support calculators so that they can provide the court with a copy of the child support worksheet for their case. There would be no reason to do this if child support calculators on the Internet were accurate. Many attorneys, such as myself, provide free consultations. If you would like to know if you are not receiving or paying the correct amount of child support, contact an attorney.
What does child support cover?
Child support is meant to cover the basic expenses associated with raising a child including clothing, food, shelter and entertainment. Other expenses such as child care expenses, health insurance for the child, predictable and recurring health care expenses in excess of $250 per child per year, special needs of gifted or disabled children, private elementary or secondary education, and visitation transportation expenses are added to basic child support award. As always, proof of these expenses should be forwarded to the court and the other party.
Quitting a job, getting fired and working under the table
New Jersey courts do not allow a parent to be unemployed, underemployed or have unreported income to avoid paying income taxes. At the same time, courts cannot force a parent to work. The solution is to impute income to either parent when that person is not making the amount of income that they could be making. When someone voluntarily leaves a job for a low paying job, the analysis is fairly straightforward. That party will have a very difficult task to prove that this change in employment was necessary. If not, the amount imputed to that party will usually be the salary of the previous employment. If the person is fired but alleges that the party cannot find a job with comparable pay, the analysis is more complex. Often times, that party will have to prove that they have diligently sought employment to no avail. If a person is working under the table, a hearing may have to be held to determine the amount they could be making. A vocational expert may be employed by either or both parties to determine the skills of a party and the amount they are capable of making.
Not happy with the child support award?
If a hearing officer sets an award that either party is not happy with, they can ask to see a judge. This will usually be done the same day. If a judge sets a child support award, each party has 45 days to file an appeal with the Appellate Division. This is very complicated and it is strongly advised that an attorney handle the appeal for you.
When can the child support be modified?
A child support award can be modified based upon changed circumstances at any time. This can include a significant change in either parties' income. Otherwise, either party can seek to modify support every three years.
When will child support end?
In order for child support to end, either party (almost always the obligor) has to file a motion for emancipation. There is no automatic termination; so, if no one files, it just continues. Thus, the question everyone asks is when does emancipation occur. The answer to this question is not clear cut and the various scenarios, exceptions and laws could be an article unto itself. An 18 year old who graduates high school and does not go to college or other trade school or a child who graduates college or fails out of college is a good place to start. This area of the law can be very complicated and the law is constantly evolving so I suggest you call an attorney before doing anything.
Conclusion
As previously mentioned, there are numerous other issues associated with child support that cannot be covered in this article. Furthermore, this article should not be treated as legal advice. Representing yourself pro se is usually a bad idea. For every person that obtains a good result without an attorney, there are probably dozens of people that did not get a good result because they were not prepared or did not understand the law. Pro se litigants are treated the same as attorneys and if you are not familiar with the relevant case law, there will be no one there to give you crash course in child support law. If you cannot afford an attorney, contact legal services of new jersey or your local bar association to see if they have a reduced fee program.
I represent clients across the entire state of New Jersey and my initial consultations are always free. So if you have any questions, don't hesitate to call my office.
http://www.monmouthcountydivorceattorney.com
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Yeah, good luck on getting an increase. I never did get mine. The system is shot!
My ex is threating me if I ask for child support
the laws of jersey sucks!!
What happens when a child lives out of state, and the father live in New Jersey
My daughters mother is having her register for full time courses and my daughter is only completing 3 courses. Part time. This system is not for fathers paying child support. Alot of these mothers are using the money to buy new cars, and other luxury items for themselves. THIS SYSTEM SHOULD ONLY ALLOW FOR SPENDING ON THE CHILD. CLOTHES, FOOD, AND SCHOOL AND THEN CALCULATE IF RENT IS NEEDED. I'm buying her a new car every two years. Please. Mothers stop complaining so much. The fathers caught in this system lives are totally ruined. and Im a good man. college, job, family, and im paying for a mother who didn't go to school or wanted to do anything good for herself but collect child support to support her and a man who never keeps a job. Hes not paying her but laying up in her bed and house. Come On NJ Child Support System. Lets act Corporate and count to the penny and stop making fathers pay for your lack of drive for excellence and lack of time.
Fathers reading this lets do something soon and be heard.
I say a continuous rally is NECCESSARY this upcoming summer. CONTINUOUS RALLYS IS THE ONLY THING THAT WILL WORK>
I am setting up my will and I am the custodial parent receiving child support for my now 17 year old daughter; if I die before she is emancipated (she is going to college full time); what happens to child support? Can she still receive support? She is estranged from her father for the past 4 years.
these sorry dead beat men always crying about the women spending the child support money on themselves when thats not true.everything that gets brought with that little bit of moneny benefits the kids also. so if she did buy a car every 2 years im sure your child is getting to school or daycare in that car and not walking. come on now
you wanted to lay and play now its time to pay.thats just for the sorry men that dont take care of their kids like they suppose to.
i left the father of my son before he was born (10 years now) my parents were helping but they cant no more and now im married with 2 more girls, and my income is not enough.... can i file now? after soooo long? is it going to be retro-active?
Yes, you can file. Retro? Probably not. Call me to discuss - 732/773/2768
Pay child support for a mother who can't keep a roof over my child's head due to alcoholism. I told NJCS this and they don't care. In fact won't even look into it. In addition to support, I get my daughter's hair done all the time with my money. I paid for the prom myself. Her mother don't care if she goes to college (not promoting to my child at all). Thank God my daughter is 17. Camden City Child Support they're the best....NOT!!!
What about a adult still getting child support, at 22 years old don't you think enough is enough, when does it end. Do I have to pay until she is 30 and the mother gets to keep the money and not use it one school?????
You have to pay forever. It does not stop until you file a motion for emancipation. As always, call me to discuss further.
My ex husband convinced judge I had alienated
him from his 10 yr old daughter. The judge did not
let me or my very lame attorney say a word in defense
threatening to give him custody if I said a word. He
then allowed ex to choose a psych to help reunify
them and again was heavily warned not to interfere.
Judge was gracious to allow the psych to see me
privately once in each apri may and June where I may
then have leave to file motion should I wish to address
the situation. The shrink never answered any calls or emails
regardless of the court direction to see me.
My ex is well coached and discusses not a single
thing with me, nor does he answer my questions or
concerns. "I'm not discussing that with you".
Not only does ex take daughter to sessions as late
as 8:30 at night, but she is being coerced intimidated
and her words are being misconstrewed and typed
into shrinks laptop. Non-stop. My poor girl complains
to me how uncomfortable the whole thing is and she wants
to stop going. It's so creepy, my ex goes in the session with
them, " as the therapist sees fit because afterall it's about
getting them back together". Lately my daughter has told me
things she hears them discussing when they make her
wait outside and all I can say us that it's very creepy.
Shrink creates scenarios describing mom and dad, always
depicting mother as the "bad" one. These are my
daughters words. Also, shrink is recently explaining the
possibility of their conversation being subpeonad (excuse
that spelling, I can't spell check just now). My girl was so
freaked out at the thought of her words going public, she told the shrink
she really doesn't want her to share her thoughts
with anyone and the quack answered, " well honey, if I
don't I could loose my license".
I naiively met with this woman once for 15 min and looking
back should have never agreed to her. After our initial meeting
I wanted to appear fair so I agreed to try her once more as a
consultation. After that day she never answered any of
my calls to set up appts or follow up or zippo, I was outed from the
picture, she wrote me and ex spouse a letter (in 3rd person) citing
5 things I did which proves I am attempting to sabotage the therapy
and since mom and daughter have such a great relationship
the therapy should focus on dad and daughter only.
The story is rather classic. I've done more digging research and reading
on the subject which is very varied and complicated...
But all in all, I am not a gender biased crusader because both men and
women, moms and dads have suffered and continue
to suffer equally. Luck of the draw and money for decent
representation certainly helps. When I read dads rights movements claiming that the courts
favor women, I am proof that nothing about family law is black and
white. Actually, gender biased movements may find needed strength and knowledge
aligning with other like minded. There may be differences
but bottom line is strength in numbers has a better chance at fighting
city hall, than the boys team and girls team. I hate generalizations that divide.
Anyway, I'm pro se and filing my motion to get rid of programming shrink, my
my story is more involved but for now ends here. Any reasonable intelligent comments
very welcome.
I agree with Charlotte2. What mothers usually get from child support is chump change so I don't understand how men are complaining about the little amount of money they are paying when that isn't hardly enough for anything. So if you do see them buying a new car etc like Charlotte said it's to bring your child to school and to buy food to feed your child etc. The last thing a woman wants is to be a single struggling mother.
I don't understand how a man can possibly complain about the little money they pay and you never hear the mothers complaining about being broke and about how hard it is to raise a child on their own. It shows who's the stronger parent. If you have to pay for child support just pay it and stop complaining regardless it's for your child and either way however the mother tends to spend it most likely somehow it's to make your childs living more comfortable. Men act like women don't have bills too apart of raising a child on their own. Please men stop complaining about the little money you have to give up for your child because that's pathetic!
Ladies please! Get a grip- child support is supposed to be Incurred by BOTH parents not just the dads- cars,mortagages,food is shared by all who use and therefore should be paid for by all who use. All the complaining is from women who say it's not enough! Get a job and help yourselves instead of complaining about all the tax free money you get to spend however you wish.Child support laws should allow for audits of how the money is spent and then decide if each party is paying enough support. Guidelines are old and the formulas are inaccurate
It is funny how many of you men complain about the support payments you have to pay. I am sure that you are not volunteering to take the children. My ex only started paying child support after he was threatened with court action. Since then he has had his payments reduced on more than one occasions citing reduced income. Of course this was possible because he could no longer needed his parttime job since he had remarried and now had a full time working spouse. The judge refused to consider consider his wife's contribution to his household or his parttime business (he told the court that the business was not doing well and did not have to provide proof. Last year he simply stopped paying and child support services did nothing agout it. Eventually after repeated efforts on my part he was allowed to make a payment which the judge accepted in full settlement of his outstanding obligation. His excuse was that he was not aware that his employer was no longer deducting the CS payments. I work fulltime and cannot affort to discontinue my parttime job since he now pays a fraction of the original support payment. As for the NJ case manager, she seem more concerned with communicating and responding to him than to me. That NJ agency and court has done nothing to represent the interest of my daughter.
When my wife and I separated I immediately started writing her weekly checks for what I had calculated online. I make roughly 40,000 before taxes, about 800 a week, and wrote her a check for 150 every week for our 2 boys until she started complaining that it wasn't enough. So I then paid her 200 a week for a few months until she told me that wasn't enough. So, I went to family court, filed an order against myself so things would be fair and got screwed in the process. The mediator told me even though I have my boys 30% of the time, never mind the fact that I was driving to the mothers house to take my boys to school every single weekday, that I didn't fully count as a shared parent because they shared a room. So that, combined with offering to pay for my share of their private school and the health insurance my payments worked out to be 190 a week. Oh and I forgot to mention, at the time she made about 10000 more a year then I did and has never let me claim either child on my taxes.
So 3 years after doing the right thing I now live in a friends attic while she has a nice 3 bedroom apartment, new car, she got her Masters degree, stopped sending one of my boys to private school, and is now unemployed taking classes to get her doctorate, with no real desire to find a job. 1/3 of my salary goes to basicly fund her new life.... HOW IS ANY OF THAT FAIR
Chris. It sounds like you went to court without an attorney. I would bet that your child support is off. I see it time and time again when people go to court without an attorney. An attorney can handle most child support cases for between $1000 to $3000 and yet people go without one and over time, it can cost them over $50,000 and more.
First of all @Marie you have no knowledge of what you are talking about if you were on the other end of the stick it would be a whole different story, all fathers are not treated fairly period. My son was 22 yrs old and in college basically just riding the system and the judge had me paying $700.00 Monthly for one grown man. The first thing your thinking is well I must have been making a lot of money right? Wrong I was making 13.00 hrly.
When I started paying CS I was in the military making a whole lot more money, but when I retired medically because of an injury I applied for a reduction, I sent medical records, my orders and an explanation of how this was through no fault of my own. You know what she did? asked for more money and the judge said sure why not? every year since that, the wonderful court system gave her more money. So finally this year he turned 23 I applied for an emancipation and it was granted! Thank God And do you know what she did before we went in to see the judge???? She cried and prayed. Why?? Cause that money was paying her bills, well the parties over now mama. Any mother that's not getting an increase in CS I don't know what your doing wrong cause she would file a motion and they would give it to her. Of course I live in monmouth county and they always put it to us, and the incompetent jerks at the monmouth county child probation made a mistake one time and I got arrested. No apology no nothing. So don't make like were just whining some fathers get the shaft period...
So much heartache; it's very sad to read through the comments. I have legal guardianship of a little girl whose Dad pays her CS religiously. Granted his job is seasonal so sometimes he misses a payment but then makes it up later.
Nobody is a winner in a broken family. Mothers, fathers and children are all in a very stressful situation, so please try to have a little compassion for each other.
Angie
please some of you mothers are greedy selfish people. collecting child support to buy yourself things. a car ok i could understand its to drive the kid around. but the mother of my child goes and gets a nose job and breast implants. but yet i struggle to pay my bills and things i need to get paid while she lives a celeb life style. o and i forgot to mention she has no job so my chilld support is her main source of income. and there is nothing i can do bout it i wish i could get reciepts for my child support so i know its going to the child. this nj system is so flawed broken and one sided its crazy..if guys dont pay we get locked up but if he mother or women dont spend the money on the child Nothing happens. like i said nj system is flawed broken and one sided...
It truly hurts me to have read through every single post here today!!!!!!we all seem to forget the kids in all this. I'm a single father who feels he's paying to. much and the mother of my daughter is grossly miss using the cs money. Infraction that part of our break up was her really bad spending and shopping addiction. I have my daughter Tuesday overnight bring her to school i have Thursday after school until 9 and every Sunday ohh also every other Saturday. With that said I pay 250$a week and that not including I take her to eat to chucky cheese the movies ice skating bowling skiing etc.witch is a weekly thing because my x won't take her anywhere but shipping. My daughter tells me all the time how she asks her mom to take her places and the mom's reply is I don't have money or I don't know where that place is or ask you're dad. That really hurts because I live for my daughter trust me I'm no dead beat or weekend dad. Now on to the mom she works
Makes about 40k lives in housing with a roommate that's in my daughters room paying her rent money. So here's the kicker she tells me I don't pay enough! !!!are you serious I said. Shes broke because she spends the money wrong!!!!!!so now I'm fighting with her over this and I not upset for me but my daughter. My daughter lost her room
Y daughter gets the bs answers from her mom why can't she take her places. Wtf NJ cs system why is it that the mother don't have to show how she's spending the money! Ohh invade anyone is wondering I only make 70k a year witch half my check a week goes to taxes and cs. But as jaded at the system as I am I keep it moving and be there for my daughter praying one day things will get notice and fixed properly. PS the state of NJ gets interest on all the cs money in the bank so people they are putting us and useing us against each other to collect interest on all that millions of dollars every week.
My child support is on an unknown amount that I never made. So don't sit here and tell me that the courts make up an amount! They Certainly fucking do! Get your head out of your asses! The NJ family courts are a fraud
Jeff, i'm a male and my wife and I have been married for 16 years. We have two kids, a 16 (a honeymoon baby) and 12 years old. We are separated and both have steady jobs. She filed for divorce two months ago no lawyers involved. She did all paper work and I signed the paper work in front of a notary because I trust her to do whats best for the kids. I agreed to 1200 a month Child Support. She found the CS calculator on-line and said that the 1200 is what it came to if I have the kids every weekend. We live in the same town. I'm starting to wonder if I did the right thing by not getting a lawyer. Also, we haven't had sex in over 13 years. Yes, my child is 12, I'm including the pregnancy time. Does this make our marriage annulled? We're more like brother and sister then husband and wife.
My 25 year old brother is collecting SSI- he will be on disabilites his whole life. my parents are planning to get a divorce. my question is can my mom take my father for adult child support due to disabled even tho my brother rcvd money ?
I have used Jef Henninger.... He really stinks as an an attorney, while he says what you want to hear, when you get into court he could care less. Buyer beware... Dont waste your money seek someone elses legal counsel..
Scott copriglione worst ever your better going to court with a financial advisor on how your gonna give up the money
Lady 3 years ago
The information given is good but where are the Expense Forms ? I'm trying to request an increase after 15 years of CS being the same. Oh my!