Child support in New Jersey follows a formula, but the inputs to that formula, income, the overnight schedule, health insurance and childcare, are where cases are won and lost. We handle support as part of a divorce or custody case.
How child support is calculated in New Jersey
New Jersey child support is set by the Child Support Guidelines in Appendix IX of the court rules, using an income-shares model: the parents' combined net income determines a basic support amount, which is divided between them in proportion to their incomes. A shared-parenting worksheet applies when the non-custodial parent has the child for the equivalent of two or more overnights a week.
The guideline amount is adjusted for health insurance, work-related childcare, and other children either parent supports. For combined net incomes above the guideline ceiling, the court sets support based on the factors in N.J.S.A. 2A:34-23. Orders are usually paid through the Probation Division by wage withholding.
Income, overnights and add-ons
The guideline number depends on both parents' gross incomes, the number of children, how many overnights each parent has, and costs such as health insurance premiums, work-related childcare and extraordinary medical or educational expenses. Hidden or understated income is the most common dispute, and self-employment makes it more complicated. We know what to ask for.
Enforcement and modification
Child support in New Jersey can be modified when there's a substantial change in circumstances, under the Lepis standard. Orders are also subject to automatic cost-of-living adjustments every two years and can be reviewed every three years. Enforcement runs through Probation: wage garnishment, license suspension, tax refund intercepts and bench warrants for willful non-payment.
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Until what age is child support paid?
Under New Jersey law, child support ends by operation of law at 19, unless the child is still in high school, is in college full-time, or has a disability, in which case it can continue, generally no later than age 23. A parent must apply to continue support past 19.
Can we agree to a different amount?
Parents can agree, but the court must approve it and will generally hold the agreement to the guidelines unless there's a good reason to deviate.
What if the other parent won't pay?
Support orders are enforceable through wage garnishment, tax refund intercepts, license suspension and contempt. We can file to enforce an existing order.
Do you take child-support-only cases?
We handle support as part of a divorce, custody or modification case. Tell us your situation and we'll tell you whether we're the right fit.
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.