NEW JERSEY CHILD SUPPORT LAWS & REGULATIONS UPDATE 2023
A DECADE OF CHANGE: AN OVERVIEW OF NEW JERSEY’S CHILD SUPPORT LAWS AND REGULATIONS TIMELINE (2013-2023)
New Jersey’s child support laws have seen important changes over the past decade to ensure children’s financial well-being while considering parents’ circumstances.
2013: Child Support Guidelines Update
– Regular updates of child support guidelines to reflect economic realities.
2014: Efficient Payment Disbursement
– Implementation of efficient methods for disbursement of child support payments.
2015: Holistic Child Well-being Focus
– Emphasis on the overall well-being of the child in child support considerations.
2016: Strengthening Enforcement Measures
– Introduction of robust enforcement measures for consistent child support payments.
2017: Income Verification Enhancements
– Introduction of improved income verification methods for accurate calculations.
2018: Simplified Modification Procedures
– Simplification of child support modification procedures for parents’ convenience.
2019: Responsive to Changing Dynamics
– Consideration of changing family dynamics in child support calculations.
2020: Online Resources Accessibility
– Provision of online resources for parents to manage child support cases.
2021: Ongoing Guidelines Review
– Continuous review and updates of child support guidelines.
2022: Shared Parenting Support
– Promotion of shared parenting arrangements for fair support calculations.
New Jersey’s child support regulations reflect its dedication to children’s well-being and parents’ responsibilities, ensuring equitable and consistent support calculations.
New Jersey Child Support Information for Custodial Parents:
Applying For Child Support Services:
New Jersey Child Support laws state that any person can apply for all of the state-run child support services.
The application for child support services is required to process support under Title IV-D Child Support Program. This program is fully-funded through the Federal and state governments and managed by the Division of Family Development and the Department of Human Services in partnership with the State Superior Court Family and Probate Division.
To apply for child support services, you may submit an application online–download and complete the Child Support Application from https://www.njchildsupport.org/Article.asp?AID=35 or procure the application from your county’s Board of Social Services (Welfare Officer) or Family Court.
Information and applications for New Jersey Child Support are also available by contacting 1-877NJKIDS1. The state of New Jersey implements a $6 fee to apply for New Jersey Child Support Services.
You may also request New Jersey Child Support Services in a partial sense for just: location, paternity, monitoring, and medical support.
Financial Assistance for New Jersey Child Support:
If you need financial help, in addition to your New Jersey Child Support, you can apply through the Work First New Jersey Welfare Program. This program offers eligible families financial aid and other support services, such as food stamps, child care, and Medicaid.
For more information on New Jersey Child Support financial assistance please contact your county’s Board of Social Services office or contact the WFNJ Hotline at 1-800-792-9773
How Do I Establish Paternity for New Jersey Child Support Cases?
Establishing paternity refers to the legal term for determining the father of a child. If the parents were married when the child was born, the husband is regarded as the father—this classification is noted on the child’s birth certificate.
If the parents were not married, paternity must be established to attain support orders, health insurance and to protect the child’s rights to benefits if a parent dies.
If a father agrees that the child is his, he will sign a document for “voluntary acknowledgment.” If he doesn’t agree, the New Jersey Department of Human Services will take steps—including issuing genetic tests—to establish paternity.
How is New Jersey Child Support Determined?
The first step to establishing New Jersey Child Support is to determine the amount of medical and child support to be paid to the custodial parent. The amount of New Jersey child support to be paid is determined by the New Jersey Child Support Guidelines.
These New Jersey Supreme Court-approved laws are applied in all New Jersey Child Support cases. The guidelines are implemented for one simple reason:
To determine how much money each parent should contribute for the overall care of their child. The formula for determining New Jersey Child Support is based onan income-share formula, where the incomes of both parents are considered.
The guidelines examine the expenses of child care, including medical insurance, child care and all other factors the court deems for the best interest of the child.
This formula will not be applied to the New Jersey Child Support case if the parents can mutually agree to the amount of support; in this instance the parents are requi4erd to file a Consent Support Agreement before a judge.
If one of the parents disagrees on the amount of support payments, you will be required to visit the Family Division of the New Jersey Superior Court at your local county courthouse.
The court will evaluate the facts of your case and issue a formal order. The order will include the amount to be paid, the form of delivery and any supplemental costs (medical support) that must be fulfilled.
Eight Steps in Calculating New Jersey Child Support:
NJ Child Support: Deciding True Income of Both Parents
There are several pages in the New Jersey Child Support Guidelines concerning different forms of income and money. New Jersey Child Support laws states that almost all forms of income must be used to determine fair child support amounts; funds derived from gambling, overtime work, the lottery, unemployment benefits etc. must be included in the calculation.
That being said, welfare benefits and funds provided to the needy or disabled are not factored into New Jersey Child Support calculations.
NJ Child Support: Decide Taxes and Deductions
New Jersey Child Support Guidelines allow only a few deductions concerning Child Support determinations; this system thus places the responsibility of finding your true tax rate up to the courts.
NJ Child Support: Deciphering Combined Net Income
Once the income and tax responsibilities are decided the net figure is added. Both parents’ income are combined and placed into a pot. The court will then look at the Guidelines chart for the number of children in the family and the amount of money in the pot. The number on the chart will reveal the basic New Jersey Child Support award.
NJ Child Support: Dividing the Basic New Jersey Child Support Award
If both parents have similar net incomes, the court will split the amount equally. In most cases; however, one parent will earn more than the other. In these cases, New Jersey Child Support law states that the parent with the larger net income will pay a larger share.
NJ Child Support: Visitation and Shared Parenting Adjustments
If the parents implement an order that affirms the number of days they spend with their children, a special deduction is applied for the parent who provides support based on that time. These funds may be significant depending on the parenting time, the amount of visitation or the net income levels for each parent.
NJ Child Support: Special Deductions
If a family faces additional expenses, such as health insurance or child care, these costs are added to the basic support levels and divided in the same way—from the chart. Additionally, special deductions, such as alimony orders or other child support, are subtracted.
NJ Child Support: Poverty and Shared-Parenting Income Tests
New Jersey Child Support Guidelines state that the amount of support paid or received should never leave a parent too poor. New Jersey Child Support Guidelines applies special tests to help prevent a parent from paying too much New Jersey child support.
These tests; however, place primary focus on the children, by ensuring that the custodial parent has enough money to take care of their home.
NJ Child Support: The Final New Jersey Child Support Order
The law states that the amount of New Jersey child support left over—once all the above steps are fulfilled—is the legal and fair amount of support. If lawyers, the parents or the Court wish to apply a different amount, they must provide a special reason as to why the amount from the calculation is not reflected
New Jersey Child Support Enforcement:
If you secure an order for New Jersey child support payments and the non-custodial parent is missing or refuses to make payments, help is available. When the New Jersey Child Support Agency identifies these instances it is referred to as Child Support enforcement. This includes collecting funds or making sure medical insurance is active.
The state of New Jersey applies a computer system to monitor and record the amount of New Jersey Child Support due and paid. This program updates automatically when any of the following actions are required. The New Jersey Child Support Program utilizes a number of enforcement tools to ensure the delivery of New Jersey Child Support, including:
• NJ Child Support: Credit Reporting
• NJ Child Support: Income Withholding
• NJ Child Support: Lottery Prize Intercepts
• Seizure of Assets
• NJ Child Support: License Suspension
• NJ Child Support: Passport Denial
• NJ Child Support: Warrants
• NJ Child Support: Judgments
• New Hires Directory
• Civil Settlements
• Seizure of Assets
• NJ Child Support: Tax Fund Offset
How Do I Receive New Jersey Child Support Payments?
The New Jersey Child Support Program provides two different means for receiving support payments: direct deposit or the New Jersey Debit Card.
Support payments sent through direct deposit are deposited directly into the bank account of the custodial parent. To be eligible for this form of deposit, you must receive your payments from the New Jersey Child Support Program. To sign up for direct deposit, you must complete the authorization form.
Custodial parents who do not use or apply for the use of direct deposit will be sent an NJ debit card. Support payments will be sent to this card; it may be used anywhere. You do not need to have a bank account to use this card.
You may use the card to get cash at ATMs or banks, make purchases, view your balance or get cashback. The NJ Debit Card offers a 24-hour service line reachable at 1-866-461-4094.
New Jersey Child Support Laws: Non-Custodial Parents
Establishing Paternity in a New Jersey Child Support Case for Non-Custodial Parents:
Establishing paternity in a New Jersey Child Support case is the legal term for determining the child’s father. If the parents were married at the time the child was born, the husband serves as the legal father—this information is noted on the child’s birth certificate.
If the parents are not married when the child is born, legal paternity must be established to attain health insurance and overall New Jersey Child Support for the Child.
Moreover, paternity must be affirmed to protect the child’s rights to support if the father passes away. It is also necessary to establish paternity to affirm a link to the child’s past.
Knowledge of the father’s name will help the child for years to come. If a father agrees that the child is indeed his, he will sign a document for “voluntary acknowledgment.” If he does not agree, the NJ Child Support Program will take steps—including the administration of genetic testing—to establish paternity.
How is New Jersey Child Support Determined?
The first step to establishing New Jersey Child Support is to determine the amount of medical and child support to be paid to the custodial parent. The amount of New Jersey child support to be paid is determined by the New Jersey Child Support Guidelines.
These New Jersey Supreme Court-approved laws are applied in all New Jersey Child Support cases. The NJ support guidelines are implemented for one simple reason: to determine how much money each parent should contribute for the overall care of their child.
The formula for determining New Jersey Child Support is based on an income-share formula, where the incomes of both parents are considered.
The guidelines examine the expenses of child care, including medical insurance, child care, and all other factors the court deems for the best interest of the child.
This formula will not be applied to the New Jersey Child Support case if the parents can mutually agree to the amount of support; in this instance, the parents are requi4erd to file a Consent Support Agreement before a judge.
If one of the parents disagrees on the number of support payments, you will be required to visit the Family Division of the New Jersey Superior Court at your local county courthouse. The court will evaluate the facts of your case and issue a formal order. The order will include the amount to be paid, the form of delivery, and any supplemental costs (medical support) that must be fulfilled.
How Do I Pay New Jersey Child Support?
United States’ Federal law requires child support payments to be automatically deducted from the non-custodial parent’s paycheck. This method makes it easier for custodial parents to receive regular payments and for the non-custodial parent to fulfill their New Jersey child support obligation.
The non-custodial parent’s employer will deduct the child support amount and deliver it to the New Jersey Family Support Payment Center, which will then provide payment to the custodial parent.
In addition to employment, income withho9lding may also be applied to Social Security benefits, disability payments, unemployment benefits, and other income the parent may procure. If the non-custodial party is self-employed the court order for support will establish how the support will be paid.
If the custodial parent receives public aid, child support payments will fop to the State that provided the assistance. Custodial parents may, in some cases, receive up to $100 of each month’s current child support payment in addition to their assistance or grants.
New Jersey Child Support: Enforcement Issues for Non-Custodial Parents
If you secure an order for New Jersey child support payments and the non-custodial parent is missing or refuses to make payments, help is available.
When the New Jersey Child Support Agency identifies these instances it is referred to as Child Support enforcement. This includes collecting funds or making sure medical insurance is active.
The state of New Jersey applies a computer system to monitor and record the amount of New Jersey Child Support due and paid. This program updates automatically when any of the following actions are required. The New Jersey Child Support Program utilizes a number of enforcement tools to ensure the delivery of New Jersey Child Support, including:
• NJ Child Support: Credit Reporting
• Income Withholding
• NJ Child Support: Lottery Prize Intercepts
• Seizure of Assets
• NJ Child Support: License Suspension
• Passport Denial
• NJ Child Support: Warrants
• Judgments
• NJ Child Support: New Hires Directory
• Civil Settlements
• NJ Child Support: Seizure of Assets
• Tax Fund Offset
The failure to pay child support in New Jersey can result in up to six months of jail time.
As a result, it is important to be timely with payments and set up an income withholding arrangement to ensure that payments are made. Payments end when the child is emancipated, usually at the age of eighteen.
Medical insurance is mandatory for children in New Jersey and the court, at its own discretion can assign a parent to pay for insurance.
The court may also assign visitation if the parents cannot come to an agreement, generally every other weekend, one or two evening dinners per week and a few weeks in the summer, plus alternating holidays.