What Happens to the House in a New Jersey Divorce?
Child support is one of the most critical arrangements set forth in a divorce. It can be the difference between providing your child with a stable environment to grow up in and your child not having everything they need to thrive. That being said, often, parents disagree on how much child support is warranted, thus making it one of the most contested divorce-related issues. Because of this, whether you’re looking to receive child support or are being asked to pay it, the most important thing you can do is retain the services of a knowledgeable and experienced Atlantic County divorce lawyer who can effectively advocate for your interests at every turn. Contact the Law Office of Stephanie Albrecht-Pedrick, LLC for an initial consultation today so we can discuss your circumstances.
What is the Purpose of Child Support?
Simply put, child support is designed to ensure that children continue receiving the financial support they need from both parents, regardless of whether those parents are married, divorced, separated, or were never married in the first place. The reality is that children still require housing, food, medical care, education, clothing, and countless other necessities, and New Jersey law recognizes that both parents generally share responsibility for providing those necessities.
Generally speaking, the primary goal of child support is to minimize the financial impact that a separation or divorce may have on a child. In many cases, courts attempt to ensure that children can maintain a lifestyle that is reasonably similar to the one they enjoyed before their parents separated, to the extent that doing so is financially possible. Some of the primary purposes of child support include ensuring that children have access to:
- Stable housing
- Food and basic necessities
- Medical treatment and healthcare coverage
- Educational opportunities
- Clothing and personal items
- Transportation
- Extracurricular activities and recreation
As with many family law matters in New Jersey, courts generally focus first and foremost on what arrangement will best serve the child involved.
What Expenses Does Child Support Cover?
One of the questions parents ask most frequently is, “what exactly does child support pay for?” This is an understandable question, particularly when disagreements arise regarding expenses that one parent believes should be shared between both parties.
Fortunately, New Jersey Child Support Guidelines account for many of the ordinary expenses associated with raising a child. Some of the expenses child support is generally intended to cover include the following:
- Rent or mortgage payments attributable to the child’s housing needs
- Utility expenses
- Groceries and food costs
- Clothing
- Shoes
- School supplies
- Transportation expenses
- Gasoline expenses related to transporting the child
- Personal care products
- Basic healthcare expenses
- Health insurance premiums attributable to the child
- Household expenses associated with maintaining the child’s residence
- Entertainment expenses
- Internet and communication expenses
- Recreational activities
- Ordinary extracurricular activities
- Childcare expenses necessary for employment or schooling
That being said, there are certain expenses that frequently fall outside ordinary child support calculations and may require additional contributions from one or both parents.
Examples of these expenses can include the following:
- College tuition
- Private school tuition
- Extraordinary medical expenses
- Specialized educational services
- Counseling or therapy expenses
- Significant extracurricular costs
- Costs associated with caring for a child with special needs
How Do Courts Determine Child Support in New Jersey?
Often, parents will assume that child support is simply assigned a number by a judge. Fortunately, this is generally not the case.
Instead, New Jersey courts primarily utilize the New Jersey Child Support Guidelines when calculating support obligations. These guidelines are designed to create consistency while still accounting for the unique circumstances of each family.
Though calculations can become relatively complex, courts often examine a number of factors when determining support obligations. These factors are as follows:
- Each parent’s income
- Salary and wages
- Bonuses and commissions
- Self-employment income
- Investment income
- Rental income
- Existing child support obligations
- The number of children involved
- The age of the children
- Health insurance expenses
- Work-related childcare costs
- The amount of parenting time exercised by each parent
- Extraordinary medical expenses
- Educational expenses
- Whether a child has special needs
- The earning capacity of each parent
- Tax considerations
- Government benefits received on behalf of the child
You should also note that courts are permitted to deviate from guideline calculations in certain situations where applying the guidelines would produce an unfair result.
Some examples of circumstances that may justify a deviation are as follows:
- Significant medical expenses
- Exceptionally high parental income
- Extraordinary educational costs
- Travel expenses associated with parenting time
- Ongoing care for a child with disabilities
When Does Child Support End in NJ?
Another question parents ask rather frequently is when child support actually ends.
Under New Jersey law, child support is generally presumed to terminate when a child reaches the age of 19. However, this does not necessarily mean support automatically ends when a child celebrates his or her nineteenth birthday.
In certain situations, support may continue beyond age 19.
Some examples include circumstances where a child:
- Remains enrolled full-time in high school
- Attends college full-time
- Is enrolled in another post-secondary educational program
- Suffers from a physical disability
- Suffers from a mental disability
- Remains financially dependent upon his or her parents for other legally recognized reasons
In some situations, support may continue until age 23, particularly when a child remains enrolled in college or another qualifying educational program.
That being said, there are also circumstances where support may end earlier than many parents expect due to emancipation.
Some examples of circumstances that may constitute emancipation are as follows:
- Marriage
- Joining the military
- Becoming fully self-supporting through employment
- Establishing financial independence
- Permanently leaving a parent’s sphere of influence
You should note that simply obtaining a part-time job or moving out temporarily will generally not result in emancipation. Courts will instead look at whether the child has truly become independent and no longer relies upon parental support.
Can You Request an Extension of Child Support?
Often, the answer to this question is yes. Perhaps the most common reason for an extension of child support involves college attendance. If a child remains enrolled in college on a full-time basis and continues depending upon parental support, courts may permit support to continue beyond age 19 and, in some cases, until age 23.
There are several other circumstances that may warrant an extension as well. These circumstances can include:
- Physical disabilities
- Developmental disabilities
- Serious medical conditions
- Mental health conditions
- Specialized vocational training
- Educational programs designed to promote future self-sufficiency
You should note that parents seeking an extension should act sooner rather than later, as waiting until after support has already terminated can unnecessarily complicate the process.
Similarly, parents who believe support should end should avoid assuming that the obligation will simply disappear on its own. In many cases, additional court involvement may be required before the issue is fully resolved.
Contact a Child Support Lawyer in Atlantic County, New Jersey
Here at the Law Office of Stephanie Albrecht-Pedrick, LLC, we are dedicated to providing parents and their children with the stability they need. If you’re facing a child support matter of any kind, you can depend on a skilled Atlantic County divorce lawyer from our legal team to fight for the best possible outcome on your behalf. Please don’t hesitate to contact a child support lawyer for an initial consultation today.