It is not uncommon for one parent to owe child support even when sharing 50/50 custody of the child. You must keep in mind that child support and child custody are two separate issues. There are many other factors taken into consideration when calculating child support besides just the amount of time spent with each parent.
Keep reading below to learn more about child support calculations and how they may be affected by a 50/50 custody split.
How Is Child Support Calculated in New Jersey?
Child support payments in New Jersey are calculated according to the New Jersey Child Support Guidelines. The goal of child support is to give the child the same standard of living they experienced prior to their parents’ divorce.
The New Jersey guidelines are in place to help ensure the child is given the appropriate amount of support as well as to create uniformity in how child support payments are calculated. In most cases, the judge must adhere to the result of the calculation based on the guidelines.
There are some rare exceptions where the judge may deviate from the guidelines, but those exceptions are fairly narrow.
Factors Used To Calculate Child Support
The factors that are included as part of the child support calculation include:
- The gross income of both parents
- Health insurance premium amounts for the child
- Taxes, union dues, and other employment expenses
- Other support or alimony obligations
- The number of children involved
- Physical custody arrangements
One of the easiest ways to get an estimate of child support payments is by using the official New Jersey child support calculator. By providing some basic information about your income and custody arrangement, the calculator will give you an estimate of your child support obligation.
How Child Custody Affects Child Support Payments
The amount of time the child spends with each parent can have a big effect on child support obligations. Typically, the non-custodial parent may end up owing child support to the custodial parent. However, what happens when there is a 50/50 physical custody split?
Remember that parenting time is not the only factor used to calculate child support. The income of both parents also plays a key role in the calculation. If one parent earns substantially more money than the other, they may be required to pay child support even if custody is split 50/50.
Since child support payments are meant to help ensure the child’s needs are met, the parent making more money may still owe child support even in equal custody cases.
Modifying Child Support Orders
Child support payments might not always stay the same forever. If there is a change in circumstances, the court may perform a new calculation and change the amount of child support that is required in the case. Modifying a child support order in New Jersey requires showing a significant change in circumstances.
Some examples include:
- A 25% or more change in income, such as a raise or job loss
- A significant change in the child’s needs, such as medical or educational needs
- Change in custody situation
- Change in parental situation, such as a large inheritance that increases one parent’s ability to provide for the child
Changing a court order is not always easy, and you will need to file a formal motion with the court. You will also need to provide new financial statements and a sworn affidavit that states the reason for your request.
When deciding whether or not to modify child support payments, the court may consider many of the same factors used to determine the original amount of child support.
A Monmouth County Family Lawyer Can Help
Just because you share 50/50 custody of your child does not mean that you will not owe child support. Child support is for the benefit of the child, and the court will do what is in the child’s best interest. This includes ordering one parent to pay child support, especially when that parent makes substantially more money than the other.
If you need help with a child support matter in or around Monmouth County, New Jersey, The Law Office of Jennifer J. McCaskill, LLC can help. Call to speak with an experienced attorney.
To learn more and get the help you deserve, call The Law Office of Jennifer J. McCaskill, LLC, our divorce & family law firm in Red Bank. NJ is ready for anything. Call us at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
