New Jersey’s Child Support Guidelines

It is the law in New Jersey that both parents contribute to the support of their children.

New Jersey has publicized guidelines for the Court’s use in determining the amount of child support after a divorce. As a result, the Family Part judges set child support in a uniform fashion throughout the state. The theory behind these guidelines is that parents at different income levels spend a certain percentage of their combined incomes or a specific amount of money toward raising their child(ren). The statistics were generated by socio-economic studies. The Court may modify or disregard the guidelines only when good cause is shown or otherwise provided.

• Child Support Guidelines for Net Combined Income of $187,200 or Below: Child Support Guidelines are mandatory in all cases for the initial application or modification of child support when the combined net income of the parents is $187,200 or less. These guidelines reflect the marginal cost of raising children, and are derived from the Consumer Expenditure Survey, a source of national data on household expenditures and how they vary by family composition, size, geographic location and socio-economic characteristics.  
• Child Support Guidelines for Net Combined Income Exceeding $187,200: Appendix IX-A of the Court Rules specifically provides that when the combined net family income exceeds $187,200, the Court should apply the guidelines up to that amount. Then the Court will supplement the guidelines award with an additional support amount based on the remaining family income and the factors enumerated in the New Jersey Statutes Annotated.

Modification of Awards for Child Support in NJ

To modify child support, one party must establish a prima facie showing of changed circumstances. In general, there is a proposition against changes that are to take effect in the past in regards to child support. The effective date of a revised child support order is, therefore, the date on which the motion to modify support was made. There is an exception, however, which provides that relief may be granted while an application for modification is pending, from the date the notice of motion was mailed either directly or through the appropriate agent. The written notice must state that a change of circumstances has occurred and that a motion for modification of the order will be filed within 45 days. If the motion is not filed within 45 days, modification shall only be retroactive to the date the motion is filed with the Court. The only exception to modification not being retroactive is emancipation.

NJ Child Support Emancipation Age

In 2016, the age of 19 was established as the age when child support terminates. This is called “emancipation.” The age can be extended until 23 if high school graduation has not occurred, the child is attending full-time college, vocational or graduate school, is disabled or the parties have agreed on a different age of emancipation. In addition, the Court can extend emancipation beyond the age of 19 under certain circumstances.

Every case is unique, and as such it’s important to have a great family law attorney on your side. Click here for a free consultation with Gruber, Colabella, Thompson, Hiben & Montella.