Impact of the Mother on New Jersey Child Support
Divorce or separation can be difficult, especially for the mother of small children. The Court can have an outsized role in deciding how much time you spend with your kids. Even if you are awarded primary residential custody, the impact of the mother on New Jersey child support decisions can be substantial.
Whether you have been awarded support or are obligated to pay, understanding how this system works is crucial. Multiple factors go into determining these payments, and the Court has the final say on what is appropriate. Let a skilled family law attorney advise you during this challenging time.
Factors That Can Impact a Mother’s Child Support Case
When it comes to the impact child support guidelines have on a mother in New Jersey, many different factors can come into play. The state relies on a formula to make an initial recommendation for financial payments. This money is intended to support a child by paying formost regular expenses that accrue to parents to raise a child. These include shelter costs, food, clothing, most medical costs, and other such items
The calculation starts by considering the income of both parents. This goes beyond tallying up paychecks, as the formula also considers bonuses, commissions, and other irregular forms of income.
This process also takes into account the number of children a couple shares. The more children between the two, the higher the percentage of income that will go toward monthly support payments. There are also adjustments for the cost of health insurance and paid daycare necessary due to the work obligations of the parent. Finally, the custody arrangement plays a major role in this process, as the party with primary custody is typically the one entitled to payments.
Deviation From The Guidelines
No matter what the Child Support Guidelines ultimately recommend, the judge overseeing the case has some latitude when it comes to deviation. They can ultimately order a monthly payment above or below what is suggested by the formula.
A judge is limited in the circumstances where they can stray from the calculated amount. In general, this is only appropriate when the guideline amount is unjust or unfair, given the circumstances. Some factors that may lead to the court adjusting the final amount include:
- Financial obligations for older disabled family members
- Support paid or received by a parent for other children
- Children with special needs
- Extremely high or low parental income
- Private school tuition
- Support obligations to other families
- If the children are over the age of 12, and it is a first child support determination, there is an upward adjustment.
These are only some of the things that can impact a mother’s child support payments in New Jersey.
Parents Are Treated Equally Under the Law
There is a misconception that when parents divorce, mothers have special rights related to child custody and support. While historically, this has been the most common outcome, nothing in the law requires judges to discriminate against fathers during the divorce process.
In fact, judges are required to ignore gender entirely when making these decisions. Instead, child support obligations are directly connected to the child custody arrangement. The most important factor for custody issues is the child’s best interests.
Talk to an Attorney in New Jersey About Child Support Obligations for Mothers
As a mother, you have rights and obligations that do not disappear simply because of a divorce or separation. This includes the financial duties that come with raising a child. If you are granted primary custody, it can be helpful to learn more about the impact of the mother on New Jersey Child Support guidelines. Call as soon as possible to discuss your options during a private consultation.
