Can Purchases for Children Affect New Jersey Child Support?

Random purchases might not cover essential recurring expenses like housing, utilities, and food, but an attorney can help you assess if a modification is justified and guide you through the legal process.

It’s no secret that raising kids is expensive. When you are co-parenting and required to pay child support to your ex, it can sometimes feel like you are shouldering a lot of financial responsibility. You might find yourself paying for expenses like food, clothing, higher housing costs, and other necessities when your child is with you (and even when they’re not), yet still be required to make a monthly child support payment to your ex. On the flip side, maybe you are the parent who is receiving child support, but your ex is trying to deduct from their payments based on other things they choose to buy for your child. As the parent who is responsible for managing the home where your child spends most of their time, this can be frustrating, as you understand your household and therefore child’s biggest needs and financial priorities better than anyone else. The question of whether a non-custodial parent can count purchases for a child towards their child support payment is one that frequently arises in co-parenting situations in New Jersey. The short answer is no, but understanding why is important for both parents. Determining how to adapt to your child’s changing needs, how to achieve a functional and peaceful co-parenting relationship, and when a change in child support may be justified are equally valuable. Explore the intricacies of parental purchases as it relates to NJ child support laws below and contact our seasoned family lawyers at (973) 233-4396 to discuss your specific child support case.

The Child Support System in New Jersey is Structured to Provide a Stable and Predictable Source of Financial Support for Children

Child support is designed to ensure that a child whose parents are not together has the financial resources they need. Child support can be ordered by a court or agreed to by parents in a custody or divorce agreement. It is usually paid by the non-custodial parent (the parent the child does not primary live with) to the custodial parent to contribute to the child’s food, housing, clothing, healthcare, and education.

In New Jersey, child support payments are calculated using a standard formula that accounts for a variety of factors including the income of both parents, the number of children, the amount of time spent with each parent, and the needs of the child. The amount determined by this formula and ordered by the court can only be modified through a court, not by the discretion of the paying parent or based on fluctuations in other expenditures the parent makes for that child.

Why Allowing Non-Custodial Parents to Deduct Purchases for the Child From Their Child Support Payments is Problematic

One of the main reasons why purchases can not be a substitute or deduct from child support payments is to ensure predictability and consistency. One-off purchases can fluctuate from month to month and even week to week. Court-ordered child support payments exist to meet the child’s needs on a consistent, monthly basis, allowing the custodial parent to plan and budget. It would be very difficult for the custodial parent to have this consistent predictability in support if the other parent could make purchases at their own discretion and then deduct from the child support without warning, creating a financial hardship for the custodial parent.

Another reason this is an important rule is because random or one-off purchases are less likely, by their nature, to constitute necessities for the child. Most, though not all, necessities, are predictable and recurring expenses like weekly groceries, housing, and utilities. This creates a risk of hardship, not just to the custodial parent, but to the child themselves.

Finally, while parents should endeavor to be unified in their co-parenting journey, they do not always agree on the necessity of a purchase. Since child support is typically paid to the custodial parent to support their ability to raise and provide for their child, deductions for purchases made by the non-custodial parent could ultimately interfere with the custodial parent’s decision making ability as it relates to the details of their child’s life and care. The custodial parent is usually in the best position to assess the child’s daily needs, as the child spends the majority of their time in the custodial parent’s house. For example, if the non-custodial parent decides to purchase an expensive set of golf clubs for the child and deduct this from child support, it could interfere with the custodial parent’s ability to pay the child’s math tutor.

Child Support Orders Can’t Be Unilaterally Altered in NJ

If your ex tries to voluntarily alter the amount of child support they pay you, based on some rationale that other purchases they made are sufficient to meet their obligations, then you can contest this in court. The court prioritizes the guidelines and the child’s needs over individual arrangements or subjective opinions of the parents. While child support orders can be modified, it must be done through a court order.

While buying items for your child can’t reduce your child support payments, there are many different situations that may cause a parent to seek a modification of their child support order. Under New Jersey law, child support will only be altered if there is a significant change in circumstances. Examples of this can include a substantial increase or decrease in either of the parents’ incomes, a significant change in the child’s needs, or a significant change in the cost of living.

Trust Our Experienced Little Falls Lawyers to Address Your Child Support and Parental Purchase Questions in New Jersey

Whether you seek to modify an order or your child’s other parent is seeking to increase or decrease child support, a family law attorney at The Montanari Law Group can help you evaluate whether the modification is justified and likely to be granted. Our team can also assist you in gathering the necessary information to support your position and advocate for you and your child in court. We invite you to contact our knowledgeable child support lawyers today at (973) 233-4396 to review the details of your situation and help you navigate the child support modification process or the process of objecting to a child support modification request. With local offices in Little Falls, New Jersey, we help parents navigate child support challenges throughout Passaic County, Essex County, Hudson County, Bergen County, and Northern New Jersey, including Wanaque, Montclair, New Milford, Franklin Lakes, Caldwell, Ridgewood, Millburn, Short Hills, and other surrounding areas. Contact us anytime for a free consultation.