Although parents don’t always live together, they both still have the obligation to financially contribute to the well-being of their children. Child Support includes not only clothing and food for a child, but “roof expenses” – necessities such as housing, water, electricity and heat to create a stable and safe environment.
In New Jersey, child support is calculated through the New Jersey Child Support Guidelines Worksheet. The Worksheet is a computer program that calculates child support based on several factors including: the incomes of the parties from all sources (including, but not limited to, alimony and SS Disability payments), court ordered child support payments for other children, the age of the child, the number of children, the number of overnights the child spends with each party, and the cost of health care insurance for the child. The worksheet also allows for work-related child care expenses to be included for children up to the age of 13, however parties can also agree on how those costs will be shared outside of child support.
Either parent can file for child support. Even a parent who spends less than 50% of overnights with their child may want to establish the obligation so that it is monitored by probation and to limit possible disputes of non-payment. Notably in some rare instances, the non-custodial parent may even be entitled to child support. When filing a motion for child support (forms are available at www.njcourts.gov ) you must include your last three paystubs, W-2 and State and Federal tax returns for the prior year. The other parent will be required to provide the same information. If that information is not available, the court will take testimony regarding a parent’s financial and employment history and lifestyle to determine that parent’s income. The court will then input all the necessary information to obtain the amount of weekly child support to be paid. The court can also impute income on a party who is determined to be underemployed.
Parents can either file these motions pro se (without an attorney) or contact your local Legal Services office to see if you qualify for legal assistance. The Legal Services offices in New Jersey are:
Central Jersey Legal Services (with offices in Middlesex, Mercer and Union County)
Main phone number – (732) 249-7600
Essex-Newark Legal Services (office in Newark)
Main phone number – (973) 824-3000
Legal Services of Northwest Jersey (with offices in Somerset, Hunterdon, Warren, Morris and Sussex County)
Main phone number – (908) 231-0840
Northeast New Jersey Legal Services (with offices in Hudson, Bergen and Passaic County).
Main phone number – (201) 792-6363
South Jersey Legal Services (with offices in Camden, Atlantic, Burlington, Cape May, Cumberland, Gloucester, Monmouth, Ocean, and Salem County).
Main phone number – 1-800-496-4570
Once an order for child support is entered, parties can choose to have those payments garnished from the payor’s paycheck and made payable through the Child Support Probation department, or by direct payments between the parties. Payments paid through Probation provide the court with a record of payments that can be monitored and allows the payments to be made and received with limited contact between the parties. If arrears (non-payments) accrue, the court can utilize various means to recover all or part of those arrears, including intercepting tax refunds, levying a bank account or bringing the matter back to court and requiring the non-paying person to answer to the court.
Please contact Central Jersey Legal Services if you need assistance or have questions regarding any child support issues.
