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Paternity must be established before the issue of support can be addressed. Under New Jersey law, both parents have a duty to provide support for their childrenchildren . Where paternity is not previously established, a paternity complaint must be filed with the court, as set forth in the paternity section above. Usually this procedure is combined with a request for child support. When paternity is not an issue, an action for child support may be filed directly with the Family Division of the Superior Court, Chancery Division, Family Part, in the county of the child’s residence, as provided in the New Jersey Court Rules. Rule 5:4-2(a) sets forth the requirements of a complaint. A complaint must:
In any action involving the welfare or status of a child, the complaint shall include the following:
The Parentage ActParentage Act and the New Jersey Court Rules specifically authorize Public Assistance agencies (CWA) to file summary actions for child support. Rule 5:6-1 states, “ . . . a summary action for support may be brought by either the party entitled thereto or an assistance agency. . . .” This rule applies to situations in which a CWA is providing TANF or Medicaid for a child and support rights have been assigned. As the CWA does not have direct knowledge of paternity, an Affidavit of Paternity is required to be filed with the complaint.
Once a complaint for child support has been filed, Service of Process on a defendant is identical to that in the paternity actions described above. The determination of the amount of child support to be paid is governed by Rule 5:6A:
Before the Supreme Court promulgated Rule 5:6A, the amount of a child support order was within the discretion of the court. Although such factors as the parent’s income and expenses were used, the results of court orders with similar facts were often disproportionate. Rule 5:6A provides an objective and uniform basis for setting the amount of the order.
The Child Support Guidelines amounts are calculated using statistical-based estimates of what parents in intact families spend on their children. The cost of raising children is difficult to determine because most goods and services are shared by adults and children; therefore, economists use an indirect method to determine child-rearing costs. The marginal cost estimation method computes the added cost of a child, or children, to an intact family as follows:
Based on the marginal cost estimation method, Rule 5:6A establishes a schedule of child support amounts that represent the average amount intact families spend on their children. The schedule amounts are used to set the amount of a child support order. The theory and philosophy of the Child Support Guidelines are set forth in detail in Appendix IX-A of the New Jersey Court Rules (Considerations in the Use of the Child Support Guidelines).
In accordance with United States Code, 42 U.S.C. § 667, and the Code of Federal Regulations, 45 CFR 302.56(a), each state must have its own Child Support Guidelines as a condition of approval of its state plan. The guidelines must be made available to all persons in the state whose duty it is to set child support amounts. The New Jersey Supreme Court establishes New Jersey’s Child Support Guidelines and reviews them annually. The New Jersey Child Support Guidelines, which are based on an income share formula, ensure that both parents share the financial and health-care responsibilities of raising a child. They provide uniformity in establishing and modifying child support orders. Finally, the guidelines create a standard for child support orders that are based on the income of both parents and adequately meet the financial needs of the child, based on that combined incomecombined income . The guidelines assert that child support is the continuous duty of both parents; that children are entitled to share in the current income of both parents; and that a child should not be deprived of support because of a divorce or out-of-marriage birthbirth .
The New Jersey Child Support Guidelines are found at https://njcsguidelines.dhs.state.nj.us:7444/NJCCG/. Access to this secure application for calculating child support awards requires the staff member’s state e-mail address prefix and e-mail account password. The guidelines application is used by judges, Law Clerks, Child Support Hearing Officers, CWA staff, and PCSE Unit staff to calculate child support awards. The Child Support Guidelines program is self-driven, using the case information collected by all agencies. Some case information is populated from information on NJKiDS through an interface.
The guidelines must be applied in all actions, contested and uncontested, in which child support is being determined, including those involving the following:
The New Jersey Child Support Guidelines set out the methodology for determining a child support order amount. Appendix IX-B of the New Jersey Court Rules provides line-by-line instructions for the Sole Parenting Worksheet and the Shared Parenting Worksheet.
(New Jersey Court Rules, Appendix IX-C). The Sole Parenting Worksheet is applied in cases in which the regularly scheduled number of overnights is less than the substantial equivalent of two or more overnights per week (less than 28% of overnights per yearyear ).
(New Jersey Court Rules, Appendix IX-D). The Shared Parenting Worksheet is applied when the time spent with the parent of alternate residence (PAR) exceeds the substantial equivalent of two or more overnights per week (at least 28% of the overnights per yearyear ).
Note: The difference in schedules is based on studies that show that expenses for the NCP increase with increased parenting time.
If the court finds that the guidelines are inappropriate in a specific case (e.g., college tuition, more than six children, income exceeding the maximum amount set forth in the guidelines), it may either deviate from the guidelines or adjust the guidelines-based award to accommodate the needs of the children or the parents’ circumstances. If the proposed order is presented to the court by a pro se litigant or a private attorney in a IV-D case, and if a Child Support Guidelines Worksheet is not electronically provided, the Family Division child support staff is required to record the recommended child support amount on NJKiDS.
For more information, please refer to Informational Transmittal 10-45: Availability of Child Support Guidelines Calculator on www.njchildsupport.org.
When determining gross income on either worksheet, refer to Income Included for Gross Income Determination and Income Excluded from Gross Income Determination below for relevant factors that are included or excluded in the determination process.
The types of income that are included when determining gross income for child support purposes are listed below. In cases in which a parent’s income is sporadic (e.g., seasonal), the amount of gross income is determined by averaging the amount of income over the previous 36 months.
The types of income that are excluded from gross income for child support purposes are listed below.
In order to provide the court with necessary financial information, each party must submit either a Family Part Case Information Statement (FM Docket NumbersDocket Numbers ), or a Financial Statement for Summary Support ActionAction . The court determines gross income as follows:
If... | Then... |
before June 30 of the current year, |
gross income is based on federal and state income tax returns, W-2 statements, and IRS 1099s from the preceding year. |
after June 30, |
gross income is based on year-to-date figures from pay stubs and quarterly wage reporting. |
a party is self-employed, |
he or she must provide the last two years of the federal and state tax returns, including Schedule C. |
no income documentation is available, |
income is determined from testimony or by imputation. |
Note: Refer to the NJ Child Support Guidelines Parenting Worksheet handouts for line-by-line instructions.
The calculated gross income of a parent must be divided into taxable and nontaxable portions, if applicable. Appendix IX B of the New Jersey Court Rules delineates the sources of income not subject to federal and/or state income tax.
Note: Refer to New Jersey Court Rules, Appendix IX-B.
When payment of support is ordered at an establishment hearing in any new dissolution, non-dissolution, or domestic violence case, a Superior Court Judge, Family Division, a Child Support Hearing Officer, attorneys, or court staff, as appropriate, shall calculate the child support obligation, payment on arrears, and total arrears owed so that the amounts will be known to the parties before they leave court. When establishing arrears, findings shall be made on:
The New Jersey Child Support Guidelines consider the following when calculating support amounts:
In accordance with Superior Court of New Jersey, Appellate Division No. A-5009-86T8, all of the defendant’s children, whether born out of the marriage or not, are required to be considered when support is allocated.
If the guidelines are not applied, or if the guidelines award amount is adjusted, the reason for the deviation and the newly calculated award amount must be set out in writing on the Child Support Guidelines Worksheet or on the support order.
If the court finds that a parent is, without just cause, voluntarily underemployed or unemployed, it shall impute income to that parent as follows:
If... | Then... |
Income can be computed based on potential employment and earning capacity, |
using work history, occupational qualifications, educational background, and prevailing job opportunities. The court may use the individual’s income at his or her usual or former occupation, based on the average earnings for that occupation as reported by the NJDOL . |
potential earnings cannot be determined, |
the court can impute income based on the most recent wage or benefit record for a minimum of two calendar quarters, on file for that parent with the NJDOL. |
a New Jersey Department of Labor wage or benefit record is not available, |
the court can impute income based on full-time employment (40 hours per week) at the New Jersey minimum wage. |
When imputing income to a parent who is caring for young children at home, the parent’s income share of child-care costs necessary to allow that person to work outside the home is deducted from the imputed income.
Parenting time (previously called visitation) is the level of parental participation in raising a child. The calculation of parenting time takes into account the number of overnights that a child spends with a parent on an annual basis, excluding vacations and holidays. Percentage of parenting time should be decided first because it will affect the child support amount (the support amount may need to be time-adjusted). A parenting time schedule needs to be in place (i.e., there must be a court order detailing overnights).
For NCP s who exercise parenting time on a regular basis but for less than the substantial equivalent of two or more overnights each week (that is, less than 28% of the overnights on an annual basis), the following is assumed:
If the NCP regularly exercises parenting time with the child, the court may reduce the guidelines-based award to accommodate the variable expenses incurred by the NCP. The reduction in the award shall not exceed the parent’s time share of the variable costs. To determine if a reduction is appropriate, the court must consider the following:
Extended parenting time in excess of five consecutive overnights that represent a single event or intermittent occurrence (e.g., vacation or holiday time) shall not be counted in determining the NCP’s annual percentage of overnight time for calculating either regular parenting time or a shared-parenting adjustment. Extended periods of parenting time that are part of a regularly scheduled rotation of consecutive weeks between the parents that is specified in a parenting plan or court order should be counted in the calculation of a regular parenting time adjustment, but should not be counted in the determination of qualifying time for a shared-parenting adjustment, except under the following condition: the PAR shows and the court finds that marginal housing-related costs for the child were incurred in the PAR’s household for the extended periods of parenting time. If the CP’s net income for all sources and the net income of other adults in the household, plus the child support amount, adjusted for parenting time, is less than two times the U.S. Poverty Guideline for the total number of persons in the household, the parenting time adjustment shall not be presumptive; instead, it shall be subject to the court’s discretion.
Shared parenting is a custodial/parenting time relationship where each parent incurs both fixed and variable expenses for the child while the child is with them. The PPR is the parent with whom the child spends the most overnight time. If the overnight time spent is equal, the PPR is the parent with whom the child resides while attending school. Overnight is defined as the majority of a 24-hour day. The PAR is the parent with whom the child resides when not living in the primary residence.
Shared-parenting adjustments are at the discretion of the court; they are not presumptive. A parenting plan specifying the parenting times and responsibilities must be filed with the court or ordered by the court. In a shared-parenting arrangement, the PAR has the child, or is expected to have the child, for the substantial equivalent of two or more overnights per week (at least 28% of the overnights) over a year or more. The PAR must be able to show that separate living accommodations for the child are provided; that is, the PAR must show that he or she provides separate living accommodations specifically for the child during overnight stays.
Extended periods of parenting time of five or more consecutive overnights that are part of a regularly scheduled rotation between the parents as set forth in the parenting plan or court order may, in the discretion of the court, be included in the determination of qualifying time, if the PAR shows that marginal housing-related costs were incurred for those periods. However, periods of parenting time of five or more overnights that represent vacations, holidays, or other periodic events are not included as qualifying shared-parenting time.
A shared-parenting adjustment is not made in the following circumstances:
In determining the shared-parenting adjustment, the following assumptions are made:
See: Appendix IX-A(14)(e) of the New Jersey Court Rules.
Split-parenting arrangements are those in which there are multiple children of the relationship and each parent has at least one child. Following are the rules for determining the support obligation:
If the shared-parenting adjustment is applicable, make the adjustment before subtracting the two awards.
If the child is in the custody of a third party, both parents are ordered to pay their income shares of the sole-parenting award to the custodian.
The child support schedules are based on child-rearing expenditures averaged across the entire age range of zero through 17. As a result of the averaging, awards for younger children are slightly overstated because of the higher level of expenditure for older children. If the initial child support order is entered when a child is 12 years of age or older, the award should be upgraded to compensate for the effect of averaging. Based on the statistical studies informing the guidelines, the cost of raising children ages 12 through 17 is 14.6% above the average expenditures contained in the schedules. Therefore, if the initial child support order is entered when a child is 12 years of age or older, that order and all subsequent orders are adjusted upward by 14.6%.
The Child Support Guidelines are intended to help determine parental contributions for the support of children under the age of 18, or children above age 18 who are still attending high school. The Appendix IX-F schedules shall not be used to determine parental contributions for college or other postsecondary education expenses, nor should they be used to determine the amount of child support for a child attending college. The guidelines may be applied at the court’s discretion in the case of a commuting student over age 18 because the CP is still paying for the child living in his or her home. When the parties have a child in college but still have minor children at home, primary consideration is given to the continued support of the minor children by reapplying the New Jersey Child Support Guidelines for the minor children before determining parental obligations for the other child.
The court must compute alimony/spousal support before applying the Child Support Guidelines because it affects income as follows:
When calculating child support, the amount of alimony/spousal support is deducted from the paying parent’s income and added to the receiving parent’s income.
Extremely high or low parental income situations make the usual Appendix IX-F awards inappropriate. An example could be when the obligor is receiving SSI . Consistent with Burns v. Edwards, 367 N.J. Super. 29 (App. Div. 2004), SSI Benefits, the court may determine that the obligor has an inability to pay because of extreme income situations.
Court discretion may be used to make adjustments to the guidelines-based award. Refer to the factors below when adjusting guidelines-based awards.
All deviations from the guidelines-based award and the amount of the guidelines-based award must be stated in writing on the support order or the Child Support Guidelines Worksheet.
If a child support amount in a stipulated or consent agreement differs from an award calculated using the Child Support Guidelines, the parties or their representatives shall state the following on a Child Support Guidelines Worksheet:
A revision to the New Jersey Child Support Guidelines is not an automatic basis for modification of a child support order, as stipulated in New Jersey Court Rules, Appendix IX-A, paragraph 3. Before the Child Support Guidelines may be used to modify the child support amount, the court must find that the circumstances of the parties have changed since the existing order was enteredentered . If the guidelines were used to calculate child support for two or more children, the emancipation of a child shall not result in a proportionate reduction of the child support order. The child support should instead be recalculated based on the current income of the parents and the number of unemancipated children.
If the guidelines were used to set a child support order for two or more children, the emancipation of a child does not result in a proportionate reduction in the support order. The child support award must be recalculated based on parental income and the number of children.
Because the child support schedules are based on situations for children up to age 17, they cannot be used to determine a support obligation for a child who has reached majority and who no longer attends high school or other secondary education. However, the Child Support Guidelines can still be used in the case of a student over age 18 who is commuting to college because the CP is still paying for the child living in his or her home. Handicapped children often require support from birth to death, which takes them past the age of majority.
All child support orders must provide for coverage of the child’s health care (medical and dental) and health insurance when it is available to either parent at a reasonable cost. When a child is receiving public health care (Medicaid), the parents cannot make an agreement concerning which parent will bear responsibility for providing health care. When the child no longer receives Public Assistance, a medical support order against the CP is mandatory when public health care ceases. In other cases, parents may reach an agreement that will be reflected in the court order. The marginal cost of adding a child to a health insurance policy is added to the basic child support award and deducted from the paying parent’s share of the child support award. The following principles are applied:
Unpredictable or nonrecurring, unreimbursed health-care expenses in excess of $250 per child per year are paid by the parents in proportion to their relative net incomes.