Child support orders in New Jersey are based on the principle that every child is entitled to both financial and emotional support from both parents, regardless of whether they live together, are divorced, or were never married. Most people understand and accept this notion, and those who pay child support typically have few legitimate complaints about covering basic needs such as food, shelter, clothing, and medicine.

However, tensions can arise when child support obligations extend beyond these basic requirements—especially when the paying parent feels that the amount is unfair.

For example, should the paying parent be responsible for the costs of a child's sports or other extracurricular activities? How much should they cover? Are they required to pay for entertainment expenses like recreation center memberships, electronic devices, or toys? What about private school tuition, transportation costs, or college expenses?

One common complaint among paying parents (or obligors) is that the custodial parent uses child support money for expenses unrelated to the child. However, convincing the Family Court in New Jersey to require the custodial parent to provide a detailed accounting of their child support spending can be difficult.

Fewer than a dozen states have regulations that mandate custodial parents to track their child support expenditures. Even in those states, enforcement is inconsistent and varies by jurisdiction.

In New Jersey, courts and judges typically cannot review every individual expense to ensure that child support funds are used appropriately in every case. However, if there is evidence that the custodial parent is not adequately providing for the child despite receiving child support, this concern can be raised with the court, preferably with the assistance of your attorney.

As many child support lawyers advise, it's important to come prepared. Evidence of minor indulgences, like an occasional pedicure, will likely not be sufficient to prompt significant action. A more compelling case would involve a significant disparity, such as the custodial parent driving a luxury car while the child lacks access to nutritious food or appropriate clothing.

How Child Support is Calculated in New Jersey

The Court starts with a standard formula that considers:

• The combined weekly income of both parents.
• The number of overnights each parent gets.
• Health insurance premiums paid by each parent.
• Cost of work-related child care paid by each parent.
• Any state or federal benefits the child receives.
• Other child support either parent may be responsible for paying.
• Alimony paid/received.
• Federal childcare tax credits

The New Jersey Child Support Guidelines are designed to cover essential expenses such as housing, utilities, transportation, and food, as well as regulated costs for clothing, personal care, and entertainment.

For families with an income of $187,000 or less, calculations will determine the minimum child support amount. However, courts can require parents to pay more than this minimum, especially if the paying parent has the financial means to do so.

Each year, the formula for calculating minimum child support amounts is updated to account for inflation and other factors. Courts may also require parents to cover extraordinary expenses—costs that one parent typically cannot afford, but which are necessary or highly beneficial for the child. Examples of these expenses include additional health care coverage for a child with disabilities, dental costs for braces, or private school tuition.

In New Jersey, child support payments continue at least until the child turns 19 or graduates from high school. Payments may extend beyond that point if the child attends college or has specific physical or emotional challenges that necessitate ongoing support.

The amount calculated based on these guidelines creates a rebuttable presumption. This essentially means that the court assumes, based on the evidence of the couple's income and circumstances, that the child support amount is both reasonable and fair.

However, this assumption can be overturned if the opposing party presents sufficient evidence to prove it false; essentially, it's a presumption that can be "rebutted" or disproven by contrary evidence. So, if either party wishes to depart from this amount or modify an existing order, either increasing or decreasing the amount paid, they bear the burden of proving to the court why that is necessary.

If you have questions or concerns regarding the child support you are paying or receiving in New Jersey, we are here to help.