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Am I Responsible for Paying Child Support if I Share Custody With My Ex?
If you are going through a divorce and have children, there are several important issues that will need to be resolved, including who will have custody, who is responsible for paying child support, and how you and your ex-spouse will co-parent moving forward. Whether your divorce is amicable or you cannot reach an agreement on most key issues, you and your ex probably agree that you both want what is best for your children. If you agree that sharing custody is in the children’s best interest, you may have questions about who is responsible for child support payments. An experienced lawyer will guide you through every step of the process, address any concerns about child support and custody, and negotiate the best possible outcome.
How Is Child Support Determined in New Jersey?
In New Jersey, child support is determined based on the New Jersey Child Support Guidelines and follows the Income Shares Model. This means both parents are responsible for contributing to the child’s support based on their combined incomes. The guidelines aim to ensure that the child receives a standard of living similar to what they would have experienced if the parents had stayed together.
For example, if one parent earns $48,000 annually and the other earns $72,000, the total combined income is $120,000. The first parent’s share would be 40% of the combined income, while the second parent’s share would be 60%. Each parent’s contribution to the child support award will be based on their proportion of the total income.
What Is Considered Income?
The goal of child support is to ensure the continued financial support of the child. The following are considered part of each parent’s gross income when calculating child support:
- Salary, wages, bonuses, and commissions
- Business income after regular expenses have been deducted
- Social Security benefits, pensions, annuities, and retirement plan distributions
- Rents or income from real estate properties
- Interest and dividends
- Workers’ Compensation, unemployment, and disability benefits
- Alimony received from a current or former spouse
How Will Our Custody Agreement Impact Child Support Obligations?
In New Jersey, custody arrangements affect child support calculations. There are two main types of physical custody: sole physical custody and shared physical custody. A common misconception is that if one parent has sole custody, the other parent won’t spend time with the child. In reality, custody refers to the amount of time the child spends with each parent.
If one parent has sole physical custody, they are assumed to bear the majority of the child’s day-to-day expenses, which may result in them receiving a larger share of the child support. However, when custody is shared, adjustments are made based on how much time each parent spends with the child. Despite sharing custody equally, the parent with the higher income may still be required to pay more child support to the lower-income parent to ensure that the child’s needs are met equally in both households.
What Factors Warrant an Adjustment to a Child Support Agreement?
A judge may adjust the amount of child support in certain circumstances. Some factors that can trigger an adjustment include:
- A significant change in a parent’s income
- Unreimbursed medical or dental expenses
- Tuition for private or parochial school
- Educational expenses for improving a parent’s earning capacity
- Needs of a special needs or gifted child
- The ages of the children
- Financial obligations for an older or disabled family member
- A parent owing support to more than one family
How Do I Modify a Child Support Agreement?
If your circumstances change, you can request a modification to the existing child support order. There are three ways to modify child support in New Jersey:
- Court Request: A judge may grant a modification if there has been a significant change in circumstances. You will need to provide documentation of the change and demonstrate that it’s in the child’s best interest.
- County Board Review: You can request a review of your child support order every three years without showing a change in circumstances. If there has been a 20% change in financial circumstances, the county may recommend a modification.
- Cost-of-Living Adjustment: Every two years, New Jersey automatically adjusts child support orders to reflect the cost of living.
A lawyer can help you navigate the modification process, file motions, and ensure your children’s best interests remain a priority.
How Are Child Support Orders Enforced in New Jersey?
Once a child support order is finalized, both parents are legally required to comply with the court-ordered payments. If one parent falls behind or refuses to make payments, the New Jersey Child Support Agency can take several enforcement actions, including:
- Reporting unpaid debt to credit agencies
- Garnishing tax refunds
- Suspending or revoking driver’s and professional licenses
- Seizing assets
- Denying passports
- Collecting funds from civil court settlements or awards
- Seeking enforcement through the courts, including arrest warrants or contempt findings
When Does Child Support Obligations End in New Jersey?
In New Jersey, child support automatically ends when the child turns 19 unless one of the following conditions applies:
- A court order requires continued child support up to age 23.
- The child has a severe physical or mental disability and remains financially dependent on a parent.
- The child has been placed outside the home by the state.
- A judge approves the custodial parent’s request to continue support before the child turns 19.
Reaching a Child Support Agreement in Shared Custody Situations
Child support agreements can be complex, even in cases of shared custody. To ensure your children’s needs are met and that the child support arrangement is fair, it is highly recommended to consult with an experienced child custody lawyer. A lawyer can guide you through the legal process, help you modify support agreements when necessary, and negotiate a fair outcome that serves your children’s best interests.
Morristown Divorce Lawyers at Lyons & Associates, P.C. Assist Clients with Child Support Agreements
If you and your ex share custody and have questions about child support, contact the Morristown divorce lawyers at Lyons & Associates, P.C. We can discuss your current child support obligations, help you navigate the process of modifying a child support order, and ensure that your children’s financial needs are properly addressed. To schedule a free, confidential consultation, call us today at 908-575-9777 or contact us online. Located in Somerville, Morristown, and Freehold, New Jersey, we serve clients in Somerset, Woodbridge, Morristown, Parsippany, Rockaway, Short Hills, Chatham, Randolph, Madison, Morris Plains, and Monmouth County.