Family Law | Child Support

The issue of child support is often among the most emotionally charged issues parties to a New Jersey divorce must resolve.  New Jersey has established guidelines to help family law judges and lawyers for the parties determine appropriate levels of child support in New Jersey divorce actions. The attorneys at Villani & DeLuca, P.C. are experienced in all areas of New Jersey family law, including negotiating child support arrangements. 

In New Jersey, a court will base the amount of child support on a percentage of both parents' net income in relation to the number of children being supported. The parent requesting child support usually makes his or her application during a preliminary hearing called a "Pendente Lite Application." The court will then determine the amount of child support based on State mandated guidelines. 

The guidelines also take into account the cost of medical insurance for the children (i.e. the parent who provides for medical insurance and pays for the coverage will receive a credit against his/her child support obligation). The number of overnights the paying spouse has with the children also affects the amount of child support. In the event the paying spouse spends at least two overnights per week with the children, that parent may be obligated to pay child support based on a shared parenting arrangement as opposed to a sole parenting arrangement.

In determining the amount of child support, a court considers various factors, including:

• The needs of the child
• The standard of living and the economic circumstances of each parent
• The sources of income and assets of each parent
• The earning ability of each parent
• The need and capacity of the child for education, including higher education
• The age and health of the child and parents
• The income and earning capacity of the child
• Prior support orders for other children
• The reasonable debts and liabilities of each parent and child