Child support is one of the most contested issues in a divorce. Generally, when a couple gets divorced, they both feel they are entitled to more than what the courts are willing to give. However, you must keep in mind that when children are involved, the courts will always primarily look out for their best interests. However, this does not mean that courts are always spot-on with their decision regarding your child custody terms, regardless of hard how they try to be. This is why if your child support terms are in question, you must hire an experienced attorney and read on to learn more about your options going forward. Here are some of the questions you may have:

Does child custody affect child support?

The first factor that impacts the cost of child support is the percentage of time the supporting parent spends with the children. The second factor is whether one parent has shared or sole custody. Shared custody in New Jersey means that a parent spends 28% or more of his or her overnight time per year with the child. However, if a parent spends less than 28% of overnight time with their child, then the other parent is considered the sole parent.

How is child support calculated in New Jersey?

In New Jersey, the courts will calculate child support based on the four following factors:

  • Each parent’s yearly gross income–meaning each parent’s income after union fees, taxes, and the deduction of any other previously existing child support orders.
  • The marital status of each parent
  • The amount of time each parent devotes to their children
  • The children’s age

Am I exempt from certain child support guidelines?

In New Jersey, child support agreements are very much set in stone, and there are very specific factors and calculations that are considered when determining the terms of your child support. However, there are certain situations in which the courts will deviate from those guidelines. Some of the reasons a court may deviate from those guidelines in a Child Support Order are as follows:

  • The children have new or specific educational expenses
  • Children have certain special needs that need to be taken into account
  • One household is in charge of supporting six or more children
  • One parent has un-reimbursed medical expenses

Contact our experienced New Jersey firm

The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. We understand how serious and potentially impactful divorce and family issues can be, which is why we dedicate ourselves to providing our clients with compassionate and knowledgeable legal advice and action. If you need quality legal services, please do not hesitate to contact the firm for a consultation.