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In New Jersey, both parents are legally required to support their children, irrespective of whether they are the primary caregiver or have visitation rights. The child support amount is calculated primarily based on the parents' income and the amount of time each parent spends with the child. If one parent has the majority of the parenting time, the other parent usually has a higher financial obligation to pay support. If parenting time is shared equally, both parents have an equal duty to provide support, dependent on their incomes.
A common misconception is that parents can mutually agree that no child support will be paid. However, the court always prioritizes the best interest of the child, including in matters of child support. Therefore, even if the parents agree to no child support, the court is likely to reject such an agreement. There are only a few instances where a court might not order child support, such as when the child spends an equal amount of time with each parent and the parents have similar incomes. Even then, the court often orders the higher-earning parent to pay support to the lesser-earning parent.
New Jersey courts generally follow the Child Support Guidelines stipulated in the New Jersey Statutes. The child support amount is determined based on the combined gross income of both parents and the parenting time each parent has with the child. If a parent is unemployed but able to work, the court will typically calculate child support based on potential earnings. The cost of health insurance for the child is also factored into the child support calculations.
The court must find that the child support amount ordered is in the child's best interest. If the calculated amount deviates from the standard New Jersey Child Support Guidelines, the court must provide specific reasons as to why the standard guidelines were not applied and how the ordered amount is in the child's best interest. If parents agree on a child support amount that is lower than the guideline amount, the court is likely to reject that agreement unless compelling reasons are provided to justify a lesser amount.
In cases where child support is ordered, most New Jersey courts require an Income Withholding Order to be signed by the judge. This order mandates the employer of the parent paying child support to directly deduct the child support amount from the employee's paycheck and send it to the New Jersey Family Support Payment Center.
The New Jersey courts take a strict stance against parents who fail to meet their court-ordered child support obligations. A parent who neglects to pay child support can be held in contempt of court, face suspension of their driver's license, have their tax refunds intercepted, and even face jail time.
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