Child Support in New Jersey
In New Jersey, whenever there is a divorce involving unemancipated children, child support is an issue. An important concern for the Court and the parties involved is the support and maintenance of any unemancipated children.
The Courts require that each party contribute to the support of their children during and subsequent to a divorce. The children of unwed parents similarly are entitled to similar protection in the courts.
A child in New Jersey is entitled to support from his/her parents until such time as they are emancipated. Emancipation is not an automatic occurrence based upon the child’s age. A child under the age of eighteen (18), is presumed unemancipated and in need of parental support.
Often circumstances exist when parents are required by the Courts to continue to support their child. Certain instances requiring ongoing support include: if there is a child with special needs or, more commonly, a child who is a full time student. Factors that are considered by the Court in determining when a child is unemancipated include:
- the child gets married
- joins the military
- ceases to be a full time student and becomes employed on a full time basis.
A competent attorney can advise you more accurately depending upon your specific circumstances whether child support must continue or can be discontinued due to emancipation.
The formula for calculating child support in the State of New Jersey is governed by the New Jersey Child Support Guidelines. The Child Support Guidelines examine the gross income of both parents. A non-economic income may also be considered under certain circumstances. Issues that impact the amount of child support are the number of children and the parenting time of the non-custodial parent. The Court, for good cause shown, may modify child support based upon the best interests of the child. In doing so, an in-depth examination of the child’s needs, as well as the parents’ finances is examined.
In determining a parent’s income, the parties’ tax returns and earning statements are primary indicators. In certain circumstances however, the Court will impute income to a parent based upon the parent’s ability to earn.
Health Insurance
A significant concern for the support of an unemancipated child is the provision of health insurance. At the time a Complaint for divorce is filed, or upon the issuance of a domestic violence restraining order, it is required that any pre-existing health insurance policies remain in place for the benefit of all parties, including the children. In the absence of pre-existing health insurance, the Court will sometimes require one or both parents to obtain health insurance to ensure the continued well being of the children.
As previously stated, the protection of the children is a significant concern of the Court. Typically, parents will be required to maintain a life insurance policy for the benefit of an unemancipated child. In the event of the death of one parent, funds will be available to assist in the ongoing support of the children.
Schooling and Extra-Curricular Activities
In addition to the basic child support and health care needs of the child, a parent is often required to contribute to the child’s schooling expenses and expenses for reasonable extra-curricular activities. The Court’s intent is to ensure that the unemancipated child will continue to receive support for education purposes. A competent attorney can examine your specific circumstances and advise you accordingly.