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Divorce and Child Support, How is it Calculated

Sep 9, 2015 @ 05:05 PM — by Michael Green

Generally, in New Jersey, child support is calculated based on guidelines, although the parties may agree to pay outside the guidelines.  Child support is based on income and overnights.  For example, when looking at a two week period of time, 14 overnights in total, each party will have its share of the 14 overnights, in a case of shared physical custody, each party would have 7 overnights.  Generally, the gross income is used for calculating child support, if alimony is being paid, then the party receiving alimony has that added to their income, and the party paying alimony has that deducted from their income.  Child support is generally recalculated every three years or if there is a substantial change in circumstance, such as the termination of alimony.  If you have further questions regarding child support and its calculation, please call Green & Associates at 732-390-0480 in our East Brunswick office or at 201-242-1119 in our Fort Lee office. 

The party paying for health insurance also receives a credit on the guidelines for the cost to insure the children.  In addition, childcare or work related daycare is also added to the guidelines so that it can be added to the amount of child support to be paid by one of the parties.  Generally, if the parties have comparable income and have a shared parenting schedule, neither party will pay child support or pay very little.  Child support is generally garnished and paid through the State's disbursement unit, the Probation Department of each county in New Jersey.  You may by consent of the parties pay direct if you wish. Child support may not be waived by either party, but it may be by consent that the parties do not pay child support based on considerations of their divorce.  At any time, however, a party may seek modification such that they are awarded child support in the future.  

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