How is child support determined?
Prior to the institution of child support guidelines, child support determinations were entirely within the judge’s purview, based on only two factors. The first factor was the level of ability for the obligated parent to pay. The second related to the needs of the child. This situation has changed dramatically over the years, with changes gaining momentum from federal legislation that required more uniformity among the states in exchange for federal child support funding. Now all states have adopted child support guidelines that must be applied in divorce and custody cases in which minor children are involved. States have, for the most part, made a determination that every child has the right to the support of both parents while at the same time, parents’ rights and needs are to be taken into consideration as well. Based on these principles, states have adopted formulas for determining what the level of child support should be. Generally, these guidelines are based on a percentage of
Child support is usually based a standard uniform guideline to determine child support payment amounts. It is based on the incomes of both parents and the amount of time each parent spends with the children. The guidelines do provide for add-on amounts for the following: v Child care costs v Health care and health insurance costs v Costs of special educational or other needs of a child v Travel-related expenses for visitation However, parents can either increase or decrease the statutory guideline amount if the following conditions are met: v Both parents acknowledge they are fully informed of their rights pursuant to the law and that the amount of child support is being agreed to without coercion or duress. v Both parents declare the agreed amount is in the best interest of the children and the children’s needs will be adequately met by the agreed amount.
Thankfully, in most situations child support can be calculated with a fair degree of accuracy. The State of New Jersey has directed that certain Child Support Guidelines be applied in determining child support. Only in certain special circumstances will the parties be able to disregard the Guidelines. Once the parties’ incomes are known, and the parenting schedule has been established, a Guidelines worksheet can be completed to determine the appropriate level of support.
Child support is determined by a Statewide guideline. The guideline is an algebraic formula that considers the earnings of each parent, the percentage of time each parent spends with the children and other factors. Most lawyers and judges use a computer program to figure out what the guideline support is. Most courthouses have a program available for use.
