Custody, Parenting, & Grandparenting

In New Jersey, child support is a critical component of family law, ensuring that the financial needs of children are met following a separation or divorce. The State mandates that both parents contribute to the financial support of their children based on the custody arrangements and the financial circumstances of the parties.

Child support obligations are determined based on various factors, primarily guided by the New Jersey Child Support Guidelines. These guidelines establish a formula for calculating the support amount based on several key factors:

• Income of Both Parents: The income of both parents, including alimony is assessed to determine the child support obligation.
• Custody Arrangements: The amount of time each parent spends overnight with the child plays a significant role in calculating support.
• Healthcare Costs: Any additional medical expenses, including insurance premiums and out-of-pocket medical costs, are considered.
• Childcare Expenses: Costs for daycare or after-school care necessary to allow the custodial parent to work.
• Other Factors: This may include educational expenses, the child’s special needs, and any extraordinary expenses.

If the parties combined net income exceeds $187,200, the guidelines will apply as a base starting point and be supplemented by the needs of the child.  The supplemental factors are:

1. Needs of the child;
2. Standard of living and economic circumstances of each parent;
3. All sources of income and assets of each parent;
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 may deem relevant.

Child support orders can be modified in New Jersey if circumstances significantly change that affect either parent’s financial situation or the child’s needs. To request a modification, a parent must file a motion with the court, providing evidence to support the claim of changed circumstances. An increase in the cost of living can be deemed a change in circumstances or the maturation of a child or the change in a child’s social, academic or health needs.

College Education

The courts require parents to contribute to the cost of their children’s college education. In Newburg v. Arrigo, 88 N.J. 529 (1982), the court set forth 12 factors that should be considered in determining college obligation: 

1. Whether the parent would have contributed to higher education if they were still living with the kids,
2. The effect of the parent’s background, goals, and values on whether the child would get higher education,
3. The amount of contribution sought by the child to pay for higher education,
4. The parent’s capacity to pay the cost,
5. The relationship between the contribution and the nature of the school sought,
6. Both parents’ financial resources,
7. The child’s aptitude for higher education,
8. The child’s financial resources,
9. The child’s ability to hold down a job in the school year,
10. Whether financial aid was available,
11. The child’s relationship to the parent who was paying,
12. Whether the education would be relevant to the child’s long-term goals.