A Complete Guide to Child Support in New Jersey
Child support can be one of the most contentious issues in family law cases. Understanding the nuances of child support laws in New Jersey while dealing with other issues like divorce can be complicated. Led by Angelo Sarno, our family law team at Sarno da Costa D’Aniello Maceri Webb LLC helps parents and families navigate these matters with compassion and tenacity. This guide offers a comprehensive view of New Jersey child support and explains how our experienced family law attorneys can protect your rights and your children’s best interests.
Understanding New Jersey Child Support Laws
New Jersey child support laws are designed to ensure that children receive sufficient financial support from both parents, regardless of marital status. The New Jersey Child Support Guidelines provide a framework for calculating support amounts and maintaining a child’s standard of living similar to what it would have been if the parents were together.
Although some cases are fairly straightforward, even co-parents with amicable relationships may disagree or encounter roadblocks when dealing with financial matters. Our child support lawyers work to help families resolve these issues in a timely, courteous manner whenever possible.
Who Is Eligible to Receive Child Support in New Jersey?
Typically, the custodial parent who cares for a child on a day-to-day basis is the one who receives child support from the noncustodial parent. However, because many parents share legal custody and both are obligated to support their child, the court uses a shared formula to calculate each parent’s financial responsibility. People who may be eligible to receive New Jersey child support payments include:
- Separated or divorced parents
- Unmarried parents
- Legal guardians, such as grandparents
- The state of New Jersey, in cases that involve children in foster care or receiving public assistance
Calculating Child Support in New Jersey
To determine child support payment amounts, New Jersey uses a complex but structured formula using the combined gross incomes of both parents, minus deductions such as taxes, mandatory retirement contributions, and other child support obligations.
The court also considers other factors included in the New Jersey Child Support Guidelines, including:
- Child custody and parenting time
- Number of children
- Health insurance premiums
- Childcare expenses
- Uncovered medical expenses
- Educational expenses
- Other child support obligations
Depending on the specific circumstances, judges may use their discretion when determining child support amounts. Our New Jersey family law attorneys ensure that any child support you pay or receive is fair and accurate, and can help you resolve any disputes that may arise.
Duration of Child Support in New Jersey
Typically, child support in New Jersey continues until the child turns 19. However, it may be extended until the age of 23 if they are still in high school, college, or vocational school. If a child is seriously disabled, support may last indefinitely. If a child is legally emancipated, gets married, or joins the military before age 19, support may end earlier.
These matters are often addressed and included in a divorce settlement. Courts routinely incorporate such agreements into final divorce decrees as long as child support payments meet or exceed the minimum guidelines and are deemed fair.
College Contributions and Post-Secondary Child Support in New Jersey
New Jersey is one of the few states where courts can require divorced or separated parents to contribute to their child’s college or post-secondary educational expenses, even after the child turns 18. This support is not included in the regular child support guidelines but is decided by the court on a case-by-case basis. Some factors that are considered include:
- Each parent’s financial situation and ability to pay
- The child’s academic performance
- Availability of scholarships or grants
- The cost of the education
- Whether the child is living at home or on campus
- The parent-child relationship
Creating an agreement outlining higher education support responsibilities can help you avoid disputes and give you the opportunity to come to a consensus on your own instead of the court deciding for you. Our family lawyers can help you understand your options and help you come to an agreement, whether it’s reached by negotiation or alternative dispute resolution methods such as mediation.
Child Support Modification in New Jersey
New Jersey courts recognize that work and life situations change and allow either parent to request a modification of a child support order if necessary. However, the parent must show there has been a substantial change in circumstances, such as:
- Loss of a job or decreased pay
- A significant increase in income
- Changes in child custody or parenting time
- Having another child
- A child’s educational or medical needs change
- Cost-of-living increases
- A parent becomes ill or is incarcerated
Our family law attorneys can help you file a motion for child support modification with the court and gather documentation that demonstrates the change in circumstances. The court will either deny or approve the request, depending on what is in the child’s best interests.
Child Support Enforcement in New Jersey
Unfortunately, parents sometimes fail to pay child support as ordered by the court. Parents have several legal options to enforce the order and collect what’s owed. You may contact the Probation Division of the Superior Court, which oversees child support enforcement. If your order is being enforced through this division, they can automatically pursue collection actions without you filing a separate complaint. In some cases, a parent may have to file an application with the Family Court to enforce the support order.
Child support may be collected via:
- Wage garnishment
- Seizing bank accounts, tax refunds, lottery winnings, or proceeds from personal injury settlements
- Suspending driver’s, professional, or recreational licenses
- Negative credit reporting
If a non-paying parent is willfully violating an order, they may be held in contempt of court, which can result in fines and jail time. Parents who owe arrears of more than $2,500 may also be denied a U.S. passport.
New Jersey takes child support seriously, so it’s important to keep paying the amount you owe, even if your financial circumstances have changed. Our child support attorneys can help you petition the court for a modification of your support order.
If you are on the receiving end of child support payments, our experienced child support lawyers can guide you through the process for enforcement, help protect your rights and safeguard your child’s financial well-being.
Terminating a Child Support Order
Unless an extension is granted by the court, New Jersey child support typically ends when the child:
- Turns 19, unless they are pursuing higher education such as college or vocational school
- Marries or joins the military
- Becomes financially independent or is legally emancipated
- Completes full-time college or turns 23
Child support may be continued indefinitely for children with disabilities or special needs. If your child is 19, emancipated, or otherwise no longer requires support, your family law attorney can help you file a formal motion to terminate child support in family court.
Mediation and Child Support Disputes
Mediation is used in child support cases in New Jersey to help parents resolve financial disputes without a lengthy court battle. It may be a voluntary or court-ordered process in which a neutral third-party mediator helps both parents reach an agreement on support and related financial issues. It may be used during divorce or child custody proceedings, when modifying an existing support order, or if parents disagree on the amount or terms of the support.
A mediator does not make decisions but facilitates discussion to help parents find common ground. If both parties come to an agreement, the terms are put in writing and submitted to the court for approval. Mediation is non-binding, and if it is unsuccessful, the court will decide the matter based on the New Jersey Child Support Guidelines and the child’s best interests.
Benefits of Mediation
- Less stress and emotional upheaval
- Faster resolution than court litigation
- Cost savings on legal fees
- More control over the outcome
- Privacy
Our child support lawyers can help you prepare, accompany you to mediation proceedings, and review any proposed agreement to ensure it is fair and legally sound.
Business Ownership and Other Income
When one or both parents are self-employed, own a business, or receive income through cash payments, commission, or freelance gigs, calculating child support can become much more complicated.
In addition to reviewing tax returns, the court may look at:
- Business expenses vs. personal expenses
- Bank records
- Lifestyle and spending habits
- Undisclosed assets or property
- Cash-based earnings not reported to the IRS
If one parent is suspected of intentionally underreporting income or hiding assets, the court can estimate income based on their earning potential, professional qualifications, or standard of living. This ensures that the child receives fair support, even if a parent attempts to avoid financial responsibility.
Our experienced family law attorneys are well-versed in complex business valuation. We know how to investigate these matters and work with forensic accountants and other professionals to uncover the true financial picture and present a compelling case in court.
High-Income Child Support Cases in New Jersey
As of 2025, New Jersey’s Child Support Guidelines apply up to a combined net income of $187,200 per year. If a family exceeds that threshold, the court may use a hybrid approach and apply the guidelines for the first $187,200 and then consider additional support based on the child’s specific needs and the family’s lifestyle. Some matters that may be considered include:
- Private school tuition
- Sports and extracurricular activities
- Vacations and travel
- Trusts and savings contributions
- Tutors or academic support
- Special medical services
In high-net-worth cases, support decisions are less about the bare necessities and more about maintaining the child’s standard of living. When high incomes are involved, child support disputes can become particularly contentious. Our child support attorneys are experienced in handling cases involving complex financial matters and high incomes. We’re dedicated to ensuring your child’s interests are protected and fighting to obtain a fair amount of child support to continue the standard of living they are used to.
Why Choose Our New Jersey Child Support Lawyers?
Whether you’re facing a dispute over unpaid child support, need to come to an agreement in your divorce, or want to modify an existing child support order, you don’t have to go it alone. Angelo and members of his team are certified matrimonial attorneys with decades of experience helping families resolve child support matters with skill, tenacity, and sensitivity.
We know how to navigate complex legal and financial situations, from high-conflict divorces to enforcement actions and everything in between. Our law firm was selected by peers for inclusion in Best Lawyers® in the fields of Family Law, Family Law Mediation, Mediation, and Arbitration – Plaintiffs.
Contact Child Support Attorneys Near You in New Jersey
At Sarno da Costa D’Aniello Maceri Webb LLC, we know that matters involving child support can be emotionally and financially draining. You can count on our experienced family law attorneys to take the weight off your shoulders and protect your child’s interests. To schedule a consultation with a child support lawyer in New Jersey, contact us or call 973-274-5200. We offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.
Frequently Asked Questions about Child Support in New Jersey
Do I Have to Pay Child Support If I Lose My Job?
Yes, but our family law attorneys can help you act quickly to request a child support modification from the court.
Do I Have to Pay Child Support if I Wasn’t Married to my Co-Parent?
Yes. If paternity is established, the noncustodial parent can be ordered to pay support.
How are Bonuses or Commissions Handled in Child Support Calculations?
Variable incomes sources such as these are usually included in the calculation and are often based on an average over time.
Does Shared Custody Mean No One Pays Child Support?
Not necessarily. Even in 50/50 custody, one parent may owe child support if incomes vary widely or if one parent pays more of the child’s expenses.
Do I Have to Pay Child Support if My Child is in Foster Care?
Yes. When a child is placed in foster care in New Jersey, both parents may still be required to pay child support even though the child is not in their physical custody.
