Calculating child support can seem a daunting task. If it is through a divorce judgment, post-divorce modification or an agreement between two unmarried parents, on its surface it may seems to be a very convoluted an complicated procedure. Our Morris County family attorneys will help walk you through the process of calculating child support in New Jersey and discuss some of the factors that will help you judge and prepare for the financial impact it may have.
When it comes to divorce many times one of the most important issues that will need to be resolved is that of financial support for your children. There are several factors that the Morris County court takes into consideration when calculating payment. The precise details can be found in Appendix IX of the New Jersey Court Rules. These include:
- Income- there are many types income that are taken into account when calculating income for the purpose of child support. They are, regular wages, overtime wages, commissions, lottery winnings and unemployment benefits.
- Overnight totals- this is the number of days the child or children sleeps at one parents home or the other and they are a key component that the courts use when calculating child support whether you are a payer or receiver. Judges and attorneys often depend on estimates that can often be incorrect. It is recommended to keep accurate records with the use of a parenting time calculator.
However, although there is a standardized formula for calculating child support, there can often be disagreements and litigation when it comes to determining exactly how the parenting time agreement will affect the final calculations.
In the case of divorce, the family courts in New Jersey will award custody to one or both parents. The arrangement is either “sole physical custody” or “shared physical custody”.
Child Custody and Child Support Agreement Lawyers Chatham NJ
Child custody, parenting time and visitation are all dominant factors when determining child support. There are two different formulas used when calculating child support; a formula for when parents share custody and a formula for when one parent or the other has sole custody. It should be noted that custody is different than parenting time.
- Sole physical custody: In this case the children live with the residential parent. The other parent is allowed scheduled visitation. This is usually awarded to the parent with whom the children spend the majority of the time. The non-residential parent usually receives 105 overnights. In sole physical custody cases the combined income of both parents is put into the formula based on New Jersey Child Support Guidelines. It is considered a sole custody case if one parent spends fewer than 28% of the time with the children or fewer than 105 overnights.
- Shared physical custody: In such cases each parent will have significant time with the child in their physical custody. This allows continuing and frequent contact. This is usually defined as when the non-residential parent host the children for at least 105 overnights or more. This situation results in a lowering of child support due to a difference in the shared custody formula. Child support will be lowered with more overnights the non-residential parent receives.
Overnights and Child Support Attorneys Chester NJ
Attorneys and judges in New Jersey often rely on overnight estimates only, even when incorrect, because counting total hours is tedious and time consuming. Parents who are divorcing often rely on these estimates also. Having an experienced Chester parenting-time and support attorney can be beneficial as your attorney can help you ensure your child support agreement is based on precise and accurate information rather than guesses and estimates.
It is important to remember that child support payment in New Jersey should not leave a parent unable to support themselves. The guidelines are designed for the benefit and future well-being of the entire
Contact A Morris County Child Support Agreement Attorney Today
Issues of child support can be some of the most complicated faced by the family courts in Morris County and across New Jersey.
It can be very intimidating trying to face these issues alone. For experienced legal help with child support arrangements, contact the Morristown family law offices of Laufer, Dalena, Jensen & Boyd. We offer small-firm customer care, combined with a team of knowledgeable, skilled and experienced lawyers.
To speak with one of our family law attorneys today, contact us online or through our Morristown offices at 973-975-4043.
