Rule 5:6A of the New Jersey Courts provides Child Support Guidelines. The rule consists of Appendix IX, which is divided into seven parts. Taken together, these parts form the basis of a worksheet used by the courts in deciding what monetary amounts to award for child support in New Jersey. Appendix IX-A mentions additional funds to be applied when there is a gifted child in the home. What is a gifted child and how does having such a child impact child support?
What is a Gifted Child?
Section nine, paragraph d of Appendix IX-A of the New Jersey child support guidelines states that in addition to the predictable needs of all children, some have special needs which must be addressed. The guidelines specifically mention gifted and disabled children. Some have taken this to mean that the law is using the expression “gifted” in a politically correct way.
In the case of P.S. v. J.S., docket 20-4-1663, the court ruled that gifted children in the New Jersey Child Support Guidelines are children who exhibit special talents. The case specifically dealt with the acting abilities of one such child. These types of talents may require added funds to enhance the educational needs and foster the growth of such talents. Gifted then, is meant in the spirit of exceptional, talented.
Other gifted children might be those on track for athletic scholarships or even a competitive chess player. Gifted children often cost more than non-gifted children because they require costs for special coaching, travel, equipment, and the life.
How is Child Support in New Jersey Affected by a Gifted Child?
When determining child support, the courts rule in the best interests of the child. When considering additional expenses for special needs children, the court takes into consideration several factors. As with other aspects of child support in the guidelines, the relative income of each parent is considered. Then the court determines what recurring costs are expected with developing the talents of the child. These costs include secondary or special education and transportation. The court also recognizes that some expenses may not be recurring, but must be fairly covered by both parents. So the court will stipulate that such unpredictable costs be shared by the parents in proportion to their ability to pay. In the case of P.S. v. J.S., the court added $250 per year to the award. But there are many families that spend thousands of dollars per year on their gifted children.
Woodbridge Child Support Lawyers at Lyons & Associates, P.C. Fight for Your Family Rights
Woodbridge child support lawyers at Lyons & Associates, P.C. know how to handle a custody battle and to get your children as much as the law will permit. We strive to make sure that our clients and their children are treated fairly by the courts. If you are facing issues with child support in New Jersey, seek the help of our legal team. Contact us online or call our Somerville, New Jersey offices at 908-575-9777.