No aspect of this advertisement has been submitted to or approved by the Supreme Court of New Jersey. Award methodologies: Super Lawyers selection process · Best Lawyers methodology.
New Jersey courts calculate child support using the Child Support Guidelines established under Rule 5:6A. The guidelines are based on the principle that both parents have a continuous duty to support their children and that children are entitled to share in both parents’ current income.
Child support calculations look straightforward on paper, but the inputs that drive the number — income, deductions, overnights, extraordinary expenses, imputed income — are where most disputes actually happen. The attorney who handles those inputs determines what you pay or receive.
Our office is located at 801A Main Street, Toms River, NJ 08753. Call (732) 736-9300 to schedule a consultation with a child support attorney.
Results may vary depending on your particular facts and legal circumstances.
New Jersey uses the Child Support Guidelines under Rule 5:6A. The court calculates each parent’s net income from all sources, combines them, and determines each parent’s percentage share. That percentage is applied to the basic support amount from the Schedule of Child Support Awards, plus additions for health insurance, childcare, and other child-related expenses. The calculation differs depending on whether the case uses a Sole Parenting or Shared Parenting Worksheet.
The court considers all sources of income, not just wages. This includes salary, bonuses, commissions, overtime, self-employment income, rental income, investment returns, pension benefits, Social Security, unemployment, workers’ compensation, and any other recurring income. If a parent is voluntarily unemployed or underemployed, the court may impute income — assigning an earning capacity based on the parent’s education, work history, and job market conditions.
The Sole Parenting Worksheet applies when one parent has primary residential custody (the child spends fewer than 104 overnights per year with the other parent). The Shared Parenting Worksheet applies when the child spends 104 or more overnights per year with each parent. The shared parenting calculation adjusts the support amount to account for direct spending by both parents during their parenting time, which typically results in a lower support obligation for the non-custodial parent
File an Application for Modification with the Family Division of the Ocean County Superior Court. You must demonstrate a substantial change in circumstances since the last order — such as job loss, a significant income change, or a change in custody arrangements. Include updated financial information on the Summary Form. The court schedules a hearing where both parents present evidence. See How to Modify Child Support in NJ for the full process.
Child support continues until the child is emancipated. In New Jersey, the presumptive age of emancipation is 19, but support can continue beyond 19 if the child is still in high school, attending college full-time, or has a disability that prevents self-support. Support can end earlier if the child joins the military, gets married, or becomes financially self-supporting. Either parent can file a motion for emancipation when the circumstances warrant it.
Failure to pay child support in New Jersey carries serious consequences. The court and the New Jersey Child Support Program can enforce orders through wage garnishment, interception of tax refunds, suspension of your driver’s license and professional licenses, seizure of bank accounts, denial of passport applications, and contempt of court proceedings that can result in fines or jail. Arrears accumulate interest and do not go away — even bankruptcy cannot discharge child support debt. If you cannot afford your current obligation, file for a modification rather than simply stopping payment.
