There are various different parts of divorce proceedings. This can include the division of assets and arguments over alimony payments. However, if the two spouses share children together, this can involve determining arrangements for the kids as well. In the state of New Jersey, both of a child’s parents are required to financially support them until they reach the age of emancipation. This is done through child support payments that are made from one parent to another to be used for matters solely relating to the upbringing of the child.
The amount that is owed in child support payments is a decision that is made by the court. This is based on the level of stability both parents can provide for their children. However, as life goes on, problems can arise with the amount that a parent owes. If you find yourself in this situation, do not hesitate to reach out to an experienced New Jersey family law attorney for guidance on how to proceed.
How Does Child Custody Influence Child Support?
The two main factors that impact the amount that is owed in child support are:
- The percentage of time one parent spends with their child
- If the supporting parent has sole or shared custody
These are taken into consideration for a few reasons. For example, if one parent spends 28% or more of their time overnight per year with their child, it is considered shared custody in New Jersey. If they spend less than 28% of this time together, it is considered sole custody. This can affect the decisions the court makes regarding the amount that the non-custodial must pay to the custodial parent.
How is Child Support Calculated?
Just like other marital issues during a divorce, there are several considerations that are made by the court before coming to a conclusion regarding child support. Generally, these calculations are made based on the New Jersey Child Support Guidelines, a formula to determine a fair amount that is owed. In addition to this, the court considers aspects of both spouses’ financial situations as well as the needs of the child. This can include:
- Each parents’ current marital status
- Both parents’ income
- Your children’s age
- The amount of parenting time assigned to each party
While this is true, it is important to know that there are circumstances in which the case may not fall under the Guidelines. When this happens, there are other factors that may call for additional child support. This may be in the event of the following:
- One parent has un-reimbursed or very high medical expenses
- The children require certain educational expenses, such as higher education or training
- One household has six or more children living in it
- A child has special needs that need to be taken into account
Contact our Firm
If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.
