Child Support Basics

The State of New Jersey adopted child support guidelines to determine parents' responsibility for the cost of raising children. Child support guidelines are the determination of child support where the combined net income of the parties is $150,800 or less. If the parties fall into this category child support guidelines are mandatory.

The Court, however, does have the discretion to modify the child support and deviate from the guidelines. The following factors are considered in determining whether or not to deviate from the child support guidelines:

1. Equitable distribution of property;
2. Income taxes;
3. Fixed direct payment;
4. Unreimbursed medical and/or dental expenses for either parent;
5. Educational expenses for the children;
6. Educational expenses for either parent;
7. Single family units having more than six children;
8. Involuntary placement of children in foster care;
9. Special needs of gifted or disabled children;
10. Ages of children;
11. Hidden costs of caring for children;
12. Extraordinary high income of child (e.g. actors, trust);
13. Substantial financial obligations for elder care;
14. Tax advantages for child's health insurance.
15. Although these items are set forth in the child support guidelines, child support guidelines are rarely deviated from. The main exception for deviation is the college education of the children.

Where the combined net income of the parties exceeds $150,800, the guidelines need to be supplemented for additional support based on the following factors:

• Age of the child;
• Standard of the living and economic circumstances of each parent;
• All sources of income and assets of each parent;
• The earning ability of each parent;
• The need and capacity of the child for education;
• Assets and earning ability of the child;
• Responsibility of the parents for the court ordered support of others;
• Reasonable debts and liabilities for each child and parent;
• Any other as the court deems relevant.