Arons & Solomon Divorce Lawyers | February 26, 2025 | Child Support in Bergen County, NJ
Parents are legally responsible for supporting their minor children after a divorce, regardless of their relationship with each other. Even though child support in New Jersey is based on standard child support guidelines, some cases involve changes to the guidelines. This blog explains circumstances that might justify deviating from New Jersey child support guidelines.
How Is Child Support Determined in New Jersey?
Child support is for the benefit of the child. It helps provide for a child’s needs, including clothing, food, shelter, education, and healthcare. The standard formula for calculating a parent’s child support obligation is based on the guidelines.
The child support formula uses the total gross income of both parents, the number of children to be supported, and the percentage of parenting time spent with each parent. The formula is a base for support payments. Several circumstances can change how much a parent pays in child support.
Reasons for Deviating from New Jersey Child Support Guidelines
Each family’s situation is unique. Therefore, judges have the discretion to deviate from the child support guidelines for certain circumstances. Examples of situations that could result in a deviation in support payments include:
Child Custody Arrangements
Many parents share child custody and split time according to a standard schedule. However, not all families fit into a “standard” visitation or custody arraignment. When families have unique custody arrangements, the judge may consider these circumstances. For instance, the travel costs for a child to visit a parent who had to move several states away for their job.
Multiple Children With Different Partners
A person may have children with more than one partner. No one child should receive preference because they have a different mother or father. Judges may deviate from standard child support guidelines to ensure the parent has sufficient resources to support each child.
A Child’s Needs
The court considers the unique needs of a child based on their needs. A child might require a special diet because of a health condition. Therefore, food costs would be higher, which could result in a deviation in child support.
Likewise, a child might require special needs child care, which could increase daycare costs. If so, a judge might increase child support payments to ensure parents pay a fair share of daycare expenses.
A Parent’s Financial Condition
When calculating child support, judges may consider a parent’s resources, income, and debt. The reasons a parent is in debt could impact the decision. For example, being in debt to own a home to provide a safe living environment for a child is different from going into debt to purchase expensive jewelry for a new partner or to take them on an extravagant vacation.
Can I Change My Child Support Payments in New Jersey?
The law recognizes that things could change over time. As children grow up, they may have more expenses. Likewise, a parent’s financial status could change, making it difficult or impossible to meet child support obligations. The court may modify child support to adjust the amount paid in these situations.
A parent seeking to modify child support must file a motion with the court. They have the burden of proving that a change in circumstances justifies changing the court’s current child support order.
However, the change must be substantial. Losing a few dollars an hour in pay may not meet the requirement for a “substantial” change in circumstances. On the other hand, being forced to take a job making one-half of your current salary could justify modifying the child support obligations.
Situations that may warrant a child support modification include:
- A child becomes emancipated
- A parent develops a substance abuse disorder
- A parent has been unemployed for more than 90 days
- There is a significant change in parenting time a child spends with each parent
- A parent moves more than 100 miles away from their current residence
- The child has additional needs
- A parent develops an illness or sustains an injury which results in disability or diminished earning capacity
- A parent has another child with someone or reaches retirement age
Contact an attorney immediately if you believe you have grounds for modifying child support. Changes in child support are not retroactive. Therefore, you want to act quickly to obtain an order modifying child support as soon as possible.
Get Help With a Child Support Case in New Jersey
You and your child deserve to have the correct amount of child support based on the law and the factors in your case. Call Arons & Solomon Divorce Lawyers to schedule a free consultation with a Bergen County child support lawyer. We can determine the correct amount of child support for your case and help you seek that amount from the court.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
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