The available research has found joint physical custody
to be better for children than sole custody by a wide margin
while the rest indicates no difference between the two. The
critical factor appears to be the relationship between the
parents; whether they have conflicts and the magnitude
of these conflicts. When there is a high degree of conflict
between parents, joint custody and sole custody produce
similar outcomes for children. In cases were there is relatively
little conflict between parents, joint custody results in better
outcomes for children, i.e.,  they have fewer emotional
problems, do better in school and less delinquency than
children in sole custody. Back to Top

No. Studies have shown that conflict is either reduced or
is the same with joint custody.  It is generally understood
that   custody fights are conflicts over who will raise the child,
so the reduction in conflict with joint custody may result
from the continued participation of both parents in raising
the child.  Back to Top

There is no affect on the finances of child support
calculations when there is  Joint legal custody  as
opposed to when one parent has sole physical custody.
With joint physical custody there is still a payment of
child support from the higher income parent to the
lower income parent.   Usually determined by a
sliding scale chart  based on time with each parent.
State guidelines are normally constructed so that the
financial support going to the child is the same for
joint physical custody as for sole physical custody.
Because both parents provide for the child directly
with joint physical custody, the payment between
parents may be less, but the material needs of the
child are provided for as well or better with joint
custody as compared with sole custody. Back to Top

12. How is child support determined?

Every state has child support guidelines which determine
the amount of child support to be paid.

In New Jersey:
 

a)    How is child support determined in New Jersey?

New Jersey, similar to many other states, has
"Child Support Guidelines" that apply a percentage
to the total available income of both parents.  Using
the fraction of the total income that you
(or the other parent) earn, child support is calculated.
These guidelines have been effective since
September 1, 1997.

The guidelines now provide the child support award
for all combined incomes up to $150,800.00 per year
($2,900.00 per week). If the income is above that level,
the Judge has the discretion as to how much additional
support should be ordered.

b)     How do I calculate the amount of child support?

You can approximate your child support obligation
(or the amount that you will be receiving) by applying
the paying parent's (Parent of Alternate Residence, or
PAR) income to the Guidelines. They are available here.

However, to get a more accurate amount, complete
a Child Support Worksheet, available on this site or
at the Family Court. You could get a quick estimate
of the amount; you can approximate that by knowing
the PAR's net income, and looking at the following chart:

c)     What if this amount does not cover expenses?

In most every divorce the finances are difficult for both
parties.   However, it is important to recognize that the
guidelines include certain expenses, such as:

a.     housing (mortgage or rent, repairs, school
or college housing, utilities, domestic help,
lawn care, gardening, pest control, laundry
and dry cleaning, furniture, appliances, and
others);

b.     food (including non-alcoholic beverages,
and food purchased away from home);

c.      clothing (except for special-needs clothing
for sports);

d.     transportation (including car payments
and insurance);

e.     unreimbursed health care (up to $250.00
per year per child);

f.       entertainment (fees, memberships, admissions
to sporting events, etc.); and

g.     miscellaneous items such as personal care
products, magazines, etc.

The Court can make an additional allowance for such
expenses as:

h.     child care expenses, including day care, day
camp in lieu of day care;

i.        health insurance (the additional cost to
insure the child/ren only);

j.       predictable and recurring health care
expenses in excess of $250 per year
per child (such as orthodontia and counseling);

k.      other expense approved by the Court,
such as private schooling, special needs
of gifted or disabled children, and
visitation transportation expenses.

 

You can file a "motion" asking the Court to modify
the most recent Order or Judgment based on a
substantial change in circumstances and the best
interests of the child/ren.  A
Motion” Kit” is available at this site.

e)    My ex-spouse is delinquent in child support payments.
How can I enforce the court order?

You can bring a Notice of Motion to Enforce Litigant's
Rights (contempt of court) proceeding and ask for
a wage execution, and other potential sanctions.
Among the sanctions, N.J.S.A. 2A:17-56.23a
provides that child support payments become a
"judgment" automatically on the date that they
are due. This means that the PAR could see a
negative rating appear on his credit report.
It specifically authorizes the denial, suspension or
revocation of a driver's license, or other
professional or vocational license if there are
child support arrears equal to six months
worth of support.

f)      The procedure sounds complicated, and I can't
afford a lawyer. What can I do?

You don’t need a lawyer.  All you have to do is go to
the family court and bringing the divorce decree or
order. The Support Enforcement Unit of the County
Probation office will handle your case. This is the
State agency responsible for the enforcement of
support orders. They are usually located in the
County courthouse.

g)    What happens if the paying parent moves out of
state? Can I still enforce the judgment?

Of course you can.  Your New Jersey support order
is valid in all other states.  You can go to the other
state's court to enforce the obligation. However,
most people just go to the local Family Court and
obtain a "reciprocal" or URESA petition. This is not
a complicated process and the Court staff will assist
you with this. Be aware that these actions can
several months.

h)    My ex spouse is threatening to file bankruptcy. Can
he avoid paying child support if he is in bankruptcy?

No way. The Federal Bankruptcy Code exempts child
support obligations and alimony from the debts that
are dischargeable in bankruptcy. That means that
even if your "ex" files for bankruptcy, he will still
have to pay you and the children the previously
ordered support.

i)       In my original judgment child support ends at 18.
My son is a full-time student at a local college.
Is there any way to continue child support while he
is in college?

This is possible.  Support does not automatically
stop just because your son turns 18. Your "ex"
must first file a motion to terminate the support
he is paying for your son. If your son is a full-time
student in good standing, the Court may determine
that he is still a dependant, and require your
husband to pay child support, contribute toward
college costs, or a combination of the two.

j)      Do I have to report my child support payments as
taxable income on my income tax returns?

No. Child support is not "income" on either the state
or federal levels.

k)     What do PAR and PPR mean?

Under the revised guidelines, these are two new
terms. PPR is the parent of primary residence, and
PAR is the parent of alternate residence. Either
parent could be the parent who is obligated to pay
support based on the time sharing arrangement
and the incomes of the parties. The PPR is the
parent with whom the child spends at least 50%
of his time. If the child is with both parents the
same amount of time, it is the parent whose
address is used for school purposes.

l)       How doest the guidelines take into account
our "visitation" schedule?

If the PAR has the child for at least 28% of the time,
and the PAR can show that he/she provides separate
living accommodations for the child during overnights,
the Court is then permitted to determine if there
should or should not be a credit given for expenses
incurred on the child's behalf.

The Court cannot calculate this "shared-parenting"
child support amount if:

a.     the PPR's weekly net income is less than
double the current U.S. poverty line based
on the number of people living in that
home; or

b.     the Court determines that the net income
in the PPR's household that would remain
after the "shared-parenting" calculation
would be insufficient to maintain the
household for the child.

For 1998, the Primary Household Net Income
Threshold(2.0 times 1998 Poverty Guideline)
is as follows:

Back to Top

In New York:
 

a) When does child support stop in New York?

A parents liability for the support of his or her children is limited
to children under the age of 21. In the absence of an express
or implied contract, parents generally have no duty to support
an adult child. For custody, visitation and other purposes,
the age of majority is age 18, but for purposes of the a
parent's support obligation, the age of majority remains
at 21. Of course, a parent's duty to provide reasonable
child support is not absolute. The duty may be terminated
before a child is 21 if the child becomes emancipated
by obtaining a full-time job which pays enough that
the child can truly be considered to be financially
independent, by marriage or entry into the armed forces.
Under certain limited circumstances, a parent's duty
to pay child support may also terminate if the
child refuses, without just cause, to submit to
reasonable parental authority.

• The Child Support Standards Act ("CSSA") provides that
  the court shall calculate the "basic child support obligation",
  and the non-custodial parent's pro rata share of the
  "basic child support obligation". Unless the court finds that
  the non-custodial parent's pro rata share of the "basic child
  support obligation" is unjust or inappropriate, after considering
  ten statutory factors, it must order the non-custodial parent
  to pay their pro-rata share of the "basic child support
  obligation". In arriving at the "basic child support obligation"
  the Court must calculate the "combined parental income"
  and multiply it by the appropriate "child support percentage."
  "Income" is defined as "gross income as was or should
  have been reported on the most recent federal income
  tax return". There are required deductions from gross
  income for social security and New York City and Yonkers
  income taxes. The law contains provisions for additions
  to "income" and deductions from "income".

The "child support percentage" is:

• 17% of the combined parental income for one child;

• 25% of the combined parental income for two children;

• 29% of the combined parental income for three children;

• 31% of the combined parental income for four children;
  and

• no less than 35% of the combined parental income
  for five or more children.

Where there are five or more children, the court
must exercise its discretion in fixing the amount of
the child support percentage. Where the combined
parental income exceeds $80,000 per year, after
the court determines the non-custodial parent's
share of the "basic child support obligation", it must
next determine the amount of child support for the
amount of combined parental income in excess of
$80,000. It may do so, in the exercise of its
discretion, through consideration of ten discretionary
factors and/or the child support percentage.

There are two additional items of support which are
part of and which the court must consider in determining
the "basic child support obligation" and two items it
may consider in determining the non-custodial parent's
share of the "basic child support obligation":

When a custodial parent is working or receiving
education leading to employment, reasonable child
care expenses must be apportioned pro rata, in the
same proportion as each parent's income is to the
combined parental income.

In addition, the Court must fix the non-custodial
parent's pro-rata share of the child's future reasonable
health care expenses not covered by insurance,
prorated in the same proportion that each parent's
income is to the combined parental income and the
non custodial parent's pro rata share must be paid
in the manner determined by the Court.

The Court may also make an award directing the
non custodial parent to pay the costs of present
or future post-secondary, private, or special education
for the child. The non-custodial parent will pay these
expenses in the manner determined by the Court. This
provision is discretionary. When the Court determines
that the custodial parent is "seeking work" and incurs
child care expenses as a result, it may determine
reasonable child care expenses and apportion them
between the custodial and the non-custodial parent.
The Court can direct the manner of such payment.
This provision is also discretionary.

The CSSA mandates that a minimum of $25.00 per
month be fixed as child support even if the
non-custodial parent is unemployed and has no
income or assets.

Can my spouse and I agree to amounts that are
different from the amount of child support required
by the "CSSA" guidelines?

Yes. You and you spouse can waive the provisions
of The Child Support Standards Act provided that
you do so in writing, and the agreement contains
certain required language demonstrating that you
have been advised as to the amount of child support
that would have to be paid were the CSSA guidelines
being observed, and further, the agreement lists the
reason or reasons that it does not provide for
payment of that amount. This provision may not be
waived by either party or their counsel. Back to Top

13. How are retirement funds divided?
Distribution of retirement funds requires special attention so that
the tax advantages associated with such funds will not be
inadvertently lost.   If a retirement fund has to be distrusted it
is recommended that you consult with an attorney.  In these cases
a  Qualified Domestic Relations Order, or QDRO, is required.  A QDRO
is a document which transfers a share of retirement funds from
the spouse participating in the retirement plan to the
nonparticipating spouse. A QDRO is intended to transfer the agreed
upon portion of the fund to the nonparticipating spouse while
protecting the tax benefits which make these funds such attractive
investments. Back to Top
 

14.  Is a court appearance required?

New York: In most counties there is no court appearance. 
You merely have to file you forms with the matrimonial clerk. 
They review the papers and you pay the filing fees.  About
8 weeks later you will receive a postcard.  Usually it will say
that you have been divorced and that you may pick up your
divorce decree.  A few of the smaller counties still has a court
appearance.  In these counties you appear at the scheduled
date, the clerk gives you a  form that read the important facts
to the judge.  He reviews the papers, perhaps asks you a
couple of simple questions and grants the divorce.  Your spouse
does not have to appear.