Wayne F. Jentis, Esq. Counsellor at Law, LLC

CHILD SUPPORT

Child support payments may be tracked at www.njchildsupport.org

Child Support

A. Generally

Child Support in New Jersey is governed by statute and the Child Support Guidelines. New Jersey Court Rule 5:6A provides that:

[T]he guidelines set forth in Appendix IX of these Rules shall be applied when an application to establish or modify child support is considered by the court. The guidelines may be modified or disregarded by the court only where good cause is shown. Good cause shall consist of a) the considerations set forth in Appendix IX-A, or the presence of other relevant factors which may make the guidelines inapplicable or subject to modification, and b) the fact that an injustice would result from the application of the guidelines.

See, www.njchildsupport.org for additional and important information regarding your child support rights and responsibilities. See also, www.judiciary.state.nj.us.

In all cases, the decision to deviate from the guidelines shall be in the best interests of the child and the specific reasons for doing so must be stated, in writing, in the support order or on the Guidelines Worksheet.

The Child Support Guidelines are to be applied to children under 18 years of age or more than 18 years of age but still attending high school or a similar secondary educational institution. In determining whether continued child support for a child attending college and/or parental contributions to college education should continue, the Court must consider relevant case law and statutes at that time. In all cases, primary consideration must be given to the continued support of minor children who remain in the primary residence by reapplying the child support guidelines for those children before determining parental obligations for the cost of post-secondary education and/or continued support for the child attending college.

B. Expenses That Are Included In The Basic Child Support Award And Expenses That May Be Added To The Basic Child Support Obligation

The child support award includes the child’s share of housing, food clothing, transportation, entertainment, unreimbursed health care up to $250 per child per year and other miscellaneous items (i.e., hair cuts, books and magazines and cosmetics)

In the event that certain expenses are incurred in a particular case, they should be added to the Child Support calculation. Such expenses include child care, health insurance for the child, predictable and recurring health care expenses and other predictable and recurring expenses such as private school costs.

C. High Income Cases

One exception to a strict application of the child support guidelines is a case where one or both parents are a high income earner. The New Jersey Child Support Guidelines apply in cases with net weekly income of up to $4,420. Beyond that, the Guidelines provide that the child support award at $4,420 represents the minimum basic support award. The Court must add a discretionary amount of child support to the minimum basic award based upon the factors specified in the relevant statute and the remaining family income (i.e., that income which is in excess of the Guidelines).

The statutory factors are as follows:

1. Needs of the child;

2. Standard of living and economic circumstances of each parent;

3. All sources of income and assets of each party;

4. Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;

5. Need and capacity of the child for education, including higher education;

6. Age and health of the child and each parent;

7. Income, assets and earning ability of the child;

8. Responsibility of the parents for the court ordered support of others;

9. Reasonable debts and liabilities of each child and parent; and

10. Any other factors the Court deems relevant.

Appendix IX-A (21) of the Child Support Guidelines provides additional factors that, if present, may require a deviation from the Guidelines.

D. Modification of Child Support

Child support is always subject to review. However, before modifying a child support award, the Court must find that there has been a change in circumstances of the parties since the date on which the last Order was entered. (See Lepis v. Lepis, 83 N.J. 139 (1980)). The Supreme Court in Lepis held that the passage of three years, in and of itself, amounted to a change in circumstances which would justify a review of the parties’ financial circumstances. Other examples of changed circumstances include the child’s maturation and the attending increased costs; either party’s post-judgment inheritance or a substantial increase or decrease in one or both party’s incomes.

Child Support is also subject to a Cost-Of-Living Adjustment every two years pursuant to NJ Court Rule 5:6B, in accordance with the average change in the Consumer Price Index for the metropolitan statistical areas that encompass New Jersey and shall be compounded. However, the obligor (the parent required to pay child support) may contest the proposed increase if the obligor’s income has not increased at a rate at least equal to the rate of inflation measured by the Consumer Price Index or if the order or judgment provides for an alternative periodic cost-of-living adjustment.

Generally, modifications of support may only be made prospectively. However, there are a few exceptions including support that accrued after the child was emancipated; arrears which accrued after a change in custody and arrears which accrued while a motion for a modification is pending.

NEWS

NJ Child Support is Going Electronic with Debit Cards

The Star-Ledger

For the 362,000 families in New Jersey who rely on child support, the state promises receiving those payments will be as easy as swiping a debit card. New Jersey will become the 22nd state to provide custodial parents a choice between obtaining child support money through a MasterCard-branded debit card, or by electronic payment into a bank account. Checks will be sent through the mail only in selct "hardship" cases.

The state will phase in the program for families in Mercer, Middlesex and Somerset counties as soon as possible, and make the new debit card system available in every county by late May, stae officials said.