Child Support Attorney

When parents separate or divorce, one of the most pressing concerns is always the same: how will the children be provided for? Financial stress should never fall on a child's shoulders, and New Jersey law is designed to make sure it doesn't. At Raghnal Burroughs, our attorneys help parents in Livingston and throughout New Jersey navigate every aspect of child support, from the initial calculation to enforcement and modification, so your children receive the financial stability they deserve.

Whether you are the parent seeking support or the parent being asked to pay, fair outcomes begin with understanding how the law actually works. We are here to walk you through that process every step of the way.

New Jersey's Legal Framework for Child Support

New Jersey calculates child support using the Income Shares Model, which is codified in the New Jersey Child Support Guidelines under N.J.S.A. 2A:17-56.9a. This model is built on a straightforward principle: a child should receive the same proportion of parental income they would have received if the family had stayed together. Both parents share financial responsibility based on their respective earnings and the time each parent spends with the child.

The guidelines provide a standardized formula that courts use to arrive at a presumptive support amount. While the guidelines are not absolute. Judges may deviate from them when strict application would be unjust or inappropriate, but they set the starting point for virtually every child support determination in New Jersey.

How Child Support Is Calculated in New Jersey

Both Parents' Income

The guidelines require a combined net income figure that includes wages, salaries, bonuses, commissions, rental income, self-employment income, unemployment compensation, and most other regular sources of money. Imputed income, meaning income a parent could earn but is voluntarily avoiding, can also be included.

Number of Overnights

The parenting time schedule directly affects the support calculation. New Jersey's guidelines include adjustments for shared parenting arrangements where each parent has the child for a substantial number of overnights per year. A child custody arrangement that grants more overnights to the paying parent may reduce their support obligation, which is why custody and support decisions are closely intertwined.

Healthcare Costs

The cost of the child's health insurance premium is added to the support calculation. The parent who carries the child on their policy typically receives a credit, and both parents share unreimbursed medical expenses in proportion to their income.

Childcare Expenses

Work-related childcare costs (daycare, after-school programs, and similar expenses that allow a parent to remain employed) are also factored in. These amounts are prorated between both parents according to their income shares.

How Long Does Child Support Last in New Jersey?

Under N.J.S.A. 2A:17-56.67, child support in New Jersey generally terminates when a child turns 19 years old, unless a court orders otherwise. This is an important distinction from many other states, where support ends at 18.

Support may continue beyond age 19 in several circumstances:

• College enrollment: New Jersey courts have broad authority to require parents to contribute to college costs under the Newburgh v. Arrigo doctrine.
• Physical or mental disability: If the child has a disability that prevents self-sufficiency, support may continue indefinitely.
• Agreement of the parties: Parents may agree in writing to extend support beyond the statutory end date.

Support does not end automatically. These events must be formally established. If you are a paying parent whose child has become emancipated, contact our attorneys to obtain a formal termination order, or you risk accumulating arrears.

Modifying a Child Support Order

Child support orders are not permanent. Either parent may seek a modification when there has been a substantial change in circumstances since the existing order was entered. Common grounds for modification include:

• A significant increase or decrease in either parent's income
• Job loss or involuntary unemployment
• A change in the child's medical needs or educational expenses
• A significant change in the parenting time schedule
• The child reaching a new stage of life with changed financial needs

Modifications are not retroactive. They take effect from the date a motion is filed, not from the date the change in circumstances occurred. If your situation has changed, acting promptly matters. This work often overlaps with divorce proceedings or post-divorce litigation, and we handle both simultaneously when needed.

Enforcement of Child Support Orders

A support order is only as effective as its enforcement. New Jersey has strong mechanisms to ensure compliance, and our attorneys use every available tool when a paying parent falls behind.

• Wage garnishment: Automatic deduction from paychecks through the NJ Family Support Payment Center
• License suspension: Driver's license, professional licenses, and recreational licenses
• Passport denial: Parents owing more than $2,500 in arrears may be denied a U.S. passport
• Credit reporting: Arrears are reported to credit bureaus
• Contempt of court: Willful non-payment can result in fines or incarceration

Frequently Asked Questions About Child Support in New Jersey

How exactly is my child support amount calculated?

New Jersey uses the Income Shares Model under N.J.S.A. 2A:17-56.9a. The court combines both parents' net weekly income, looks up the basic child support obligation on the guidelines chart, then allocates that obligation between the parents proportionally. To that base amount, the court adds each parent's share of health insurance costs and work-related childcare. The parenting time schedule can adjust the result further.

Can I agree with the other parent to waive child support?

No. Child support belongs to the child, not to the parents. Even if both parents agree to waive support, a New Jersey court will not approve an agreement that leaves a child's basic financial needs unaddressed. However, parents can agree to amounts that deviate from the guidelines, provided the deviation serves the child's best interests and the court approves.

What happens if I lose my job and cannot pay?

Do not simply stop paying. Arrears accumulate from the day of non-payment regardless of the reason. File a motion for modification immediately based on changed circumstances. Courts can impute income to a parent who is voluntarily unemployed, but a genuine job loss supported by documentation is strong grounds for temporary reduction.

Does child support cover college expenses?

Base child support under the guidelines typically covers day-to-day living expenses. College costs are addressed separately under New Jersey's unique case law, which allows courts to order both parents to contribute to higher education expenses.

Can child support affect or be affected by alimony?

Yes. Alimony payments are factored into each parent's net income for child support calculation purposes. The paying spouse deducts alimony paid, and the receiving spouse adds alimony received. This means alimony and child support must be coordinated carefully.

Related Practice Areas

• Child Custody: Parenting time directly affects support calculations; we coordinate both.
• Divorce: Child support is resolved as part of every divorce involving children.
• Alimony: Spousal support and child support interact directly in the financial calculation.

Speak With a New Jersey Child Support Attorney Today

Your children's financial security is not something to leave to chance or navigate alone. The calculations are technical, the stakes are real, and the decisions made now can affect your family for years. Our attorneys at Raghnal Burroughs bring practical knowledge of New Jersey child support law and a genuine commitment to protecting your children's interests.

We serve clients throughout New Jersey from our office in Livingston. Call us at (908) 941-9319 to schedule a consultation. We are ready to help.