Written By: Lawrence R. Jones, Esq.

When parents of a child permanently separate or divorce, how does the Court determine the non-custodial parent’s child support obligation?

In New Jersey, there is an established set of tables called the Child Support Guidelines. The Guidelines provide the judge with an estimate as to how much support one should be paying based on (a) level of income; (b) number of children to support; (c) parenting sched­ules, and other factors. Usually the Guidelines are run through computer software programs, which generate a projected/esti­mated child support figure for a judge to consider.

The Child Support Guidelines are not always bind­ing on a Court. Depending on the facts of a case, a Family Court may in his/her discre­tion Award child support in an amount which differs from the Guidelines. Examples of situ­ations when this might occur include (a) when a child is disabled and has extraordinary expenses; (b) when a child is over 19 but is still unemancipat­ed for various legal reasons; (c) when a child lives away at col­lege or other school-based lodg­ing; (d) any other circumstance when strict adherence to the Guidelines would be unequitable in the Court’s discretion.

Child support can generally be paid either directly between the parties or through the County Probation Department. A wage garnishment my be issued by the Court if the non-custodial parent has steady employment.

The level of support can change over time based on peri­odic time reviews. Additionally, The court also has the power to increase or decrease child sup­port upon application of a party demonstrating a substantial change in circumstances since the entry of the last order. Such changes may include but are not limited to (a) a permanent injury or illness affecting abil­ity to work; (b) a permanent or long-term loss of employment; (c) having additional children. Further, even if there has been a substantial change of circum­stances, a court is not required to change support and may decide for a number of reasons to keep child support the same.

In addition to basic child support, a court may order one or both parties to contribute to other child-related expenses. These include but are not lim­ited to medical expenses, dental expenses, work related day care, private school costs, and college tuition. As regarding college, there is a whole body of law in New Jersey which addresses the discretion of the court to order (or not order) a parent to con­tribute to a child’s college educa­tion.

In order to help protect a child from the potentially disas­trous financial consequences of a parent’s death, the Court can also order one or both parents to maintain life insurance on his/her until the child is eman­cipated. The child will generally be the named beneficiary under the policy, with the other par­ent as trustee. In this fashion, if a parent dies and can no longer pay child support, then the life insurance proceeds help cushion the economic damage caused by the loss of support.

An issue which frequently arises between separated par­ents concerns the definition of emancipation. In New Jersey, a child is not always automatically emancipated at the age of 18. To the contrary, it is very common for people to pay child support for a son or daughter who is 21 or 22 years old but in college on a full time basis after high school graduation. When a child takes time off from college or only attends part time or does not achieve passing grades, such circumstances may result in a finding that the child should be emancipated.

A main issue is whether a child has or has not moved beyond the economic sphere of influence of his/her parents so as to function on an independent financial basis.

If a non-cus­todial parent violates a court order requir­ing payment of child support, the custodial parent may file an enforcement application through the Probation Department or on his/her own. If a judge finds that the non-custodial parent has willfully violated the court order, the court may issue relief includ­ing possibly arrest and incarcera­tion to compel compliance with the order. The relief granted may vary depending on the facts of the case.