Child Support Duties for Parents with Different Income Levels

If You or Your Ex Make More Money, Questions Arise as to the Affect on Child Support Payments in New Jersey

Parents may argue over many aspects of their divorce, but one thing they generally agree on is that they do not want their children to suffer more than necessary. While everyone agrees that divorce impacts the children, child support is meant to ensure that the children’s financial wellbeing and standard of living remains as it was prior to the divorce. In New Jersey, child support is a court-ordered method of ensuring that the children of divorced parents still receive the same financial support from both parents that they would have received if their parents had stayed together. But it often raises questions. Who pays child support? How much will they pay? Do they still pay if one parent makes more money than the other? Fortunately, these questions have relatively straightforward answers.

Navigating Divorce Negotiations When Children Are Involved

Divorce can be complicated and messy under the best of circumstances. When a couple has children, it becomes even more complicated. While divorcing spouses often accuse each other of being selfish or even cruel, the reality is that both parents want what is best for their children. The problem is that they generally do not agree on what that is. This makes reaching a mutual agreement on divorce terms especially challenging because it is not just about dividing assets and splitting debts.

When children are involved, both parents want to maintain their existing relationship with their children. Neither parent wants to sacrifice time with their children. They may also feel some jealousy, insecurity, or simple anxiety over the thought of their ex having more time than they do with their children. If they are unfamiliar with the custody and child support process, they may also worry about what happens if child support is not paid or whether one parent can keep the children from the other. While these can be normal and reasonable feelings, they can also make it more difficult for the parents to find a mutual agreement.

Who Pays Child Support when Parents Make Different Salaries in New Jersey?

The custodial parent is the one who takes care of the children most often. In New Jersey, child support is paid from the non-custodial parent to the custodial parent to ensure the custodial parent is able to keep the children’s standard of living as it was, or as close as possible to how it was, prior to the divorce. This often raises the question of what happens if the custodial parent makes more money than the non-custodial parent.

New Jersey requires a non-custodial parent to pay child support upon divorce, except in extremely rare instances. This requirement means that the incomes of either parent are not relevant to whether child support will be ordered. However, the income of each parent is a factor when it comes to the amount of that ordered support.

Earn More, Pay More: How NJ Calculates Child Support Based on Parental Earnings

New Jersey uses an income shares model to determine child support, which means that each parent will put a percentage of their income toward the financial maintenance of their children. This method provides the child with the same proportion of each parent’s income as they would have had if their parents had remained married. Because the income shares model results in each parent paying a proportional percentage toward their children’s financial well-being, the higher income parent will bear more financial responsibility while the lower income parent will have less financial responsibility.

Each parent is now responsible for their own separate household after divorce, and the income shares model helps to ensure that each parent is able to support their own household while also ensuring that the children are able to continue living as close as possible to the way they did before the divorce. When using the income shares model, the courts first estimate how much each parent earns. They will make this estimate based on all sources of income, including lottery winnings, overtime, and unemployment benefits. A select few income sources, such as welfare benefits and benefits provided to disabled or needy people, are exempt from these calculations.

It is not common for parents to each make precisely the same amount. Most of the time, one parent makes more than the other. The difference may be only a few dollars, or it may be several hundred or even thousands of dollars. A proportional amount of each parent’s income is added to the “family pot” of income that children would have had access to if their parents had remained married. For example, if both parents earned the same income, they would each contribute 50/50 to the “family pot.” When the parents have different incomes, the ratio of their contribution is based on their incomes. The courts will order the proportion of the contributions to be 60/40, 70/30, 80/20, or whatever proportion is deemed appropriate.

Financial Struggles and Exceptional Circumstances in Child Support Cases

While the custodial parent will pay their percentage as part of daily life, the non-custodial parent pays their percentage as monthly or weekly payments to their ex. In some extremely rare circumstances, when a non-custodial parent is financially struggling to the point that they are battling to provide essentials such as food, a bed, or clothing for themselves, child support may be reversed. In these unusual cases, the custodial parent may send money to the non-custodial parent to ensure the non-custodial parent can maintain visitation with the children.

Influential Factors for Child Support Aside from Each Parent’s Income

While specific guidelines contribute to the determination of child support, other factors are also considered. These factors include custody arrangements, health of both parents, health of the children, each parent’s financial situation, each parent’s assets and liabilities, daycare expenses, and other factors the court determines are relevant

Ensure Fair Financial Support for Your Children with Our Family Lawyers’ Help in Wayne, NJ

Child support is meant to ensure that your children are taken care of, despite the fact that their parents are divorced. While there are guidelines, calculations, and factors that all go into determining the amount of child support, it is not set in stone. If your income changes after child support has been ordered, whether you were the higher or lower income parent, it may be possible to modify the child support order. At The Montanari Law Group, our compassionate and well-versed family law and child support attorneys can assist you with getting an initial child support order, modifying an existing order, or going back to court to enforce an existing child support order. We help clients with support, custody, and divorce matters throughout Passaic County, Essex County, and Bergen County in communities such as Woodland Park, Hackensack, Essex Fells, Elmwood Park, Wayne, Totowa, and Bergenfield. If you would like to discuss your case with a family lawyer on our team, call (973) 233-4396 or message us for a free consultation.