Full question:
My husband and I are getting divorced. We have two children together. What factors does the court consider when determining the child support amount in New Jersey?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: New Jersey
Answer:
In New Jersey, parents can obtain child support by applying through the child support agency or by reaching an agreement that a judge can approve during divorce proceedings. The court considers several factors when determining child support amounts, as outlined in NJ Rev Stat § 2A:34-23 (2013):
- Needs of the child;
- Standard of living and economic circumstances of each parent;
- All sources of income and assets of each parent;
- Earning ability of each parent, including education, training, employment skills, and custodial responsibilities;
- Child's educational needs, including higher education;
- Age and health of the child and each parent;
- Income, assets, and earning ability of the child;
- Parents' responsibilities for supporting others;
- Reasonable debts and liabilities of each child and parent;
- Any other relevant factors.
If a child has not been emancipated and suffers from a severe mental or physical incapacity, the obligation to pay support continues until the court determines the child is no longer dependent. The court will also consider the child's eligibility for public benefits and may create a trust to support the child's well-being.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.