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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11281
Experience:  Licensed Texas General Practice Attorney
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what pecentage of my paycheck will be taken out in child support

Resolved Question:

what pecentage of my paycheck will be taken out in child support for 2 kids
Submitted: 3 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 3 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Customer:

ok thank u

ScottyMacEsq :

Unfortunately it's not as simple as giving you a percentage that you can calculate against your income. New Jersey relies on the "income shares" model of child support. Income Shares tables calculating child support are not based directly on actual spending on children but rather on indirect estimates of child costs, and assumes that child costs reflect the spending necessary to restore a family's standard of living back to what it was before prior to the divorce or having a child. In short, it takes into account both parents' income and time spent with the children and adjusts accordingly. This is different than other states (such as Texas) that have apply a specific percentage against the non-custodial parent's income, regardless of how much time that parent actually gets. Personally I believe the income shares model is more fair, because it reflects the fact that both parents are responsible for the support, and makes adjustments based upon the time spent with the child.

ScottyMacEsq :

That being said...

ScottyMacEsq :

Here are the steps for calculating child support in New Jersey:

ScottyMacEsq :

1 - Deciding the Fair Income of Both Parents - There are many pages in the Rule that talk about different kinds of money. The law says that almost all kinds of income must be used to calculate child support; even things like overtime, lottery winnings, and unemployment benefits must be added in. Welfare benefits or other money given to needy or disabled people are about the only money that doesn't count in figuring out child support. If a Mom or Dad doesn't work, but is able to, the law says the Court should figure out how much that Mom or Dad is capable of earning, and use that as their income for calculating child support.


2 - Deciding Taxes and Deductions - The Rule only allows a few deductions and that the Court has to decide what the right amount of taxes are. You may have more or less taxes taken out of your pay. You may also have deductions like a credit union loan or a savings or retirement plan that will be added back in, because only the ones that have to come out of your pay, count.


3 - The Combined Net Income - After all the money is decided; the amount that is left to each parent after taxes and deductions (the net income) is added together. Just like a real family that shares their money, both parents' income are put together into a family 'pot'. Then, they look at the Guidelines chart for the number of children in a family and the amount of money in the family 'pot'. The number on the chart is the basic child support award.


4 - Splitting the Basic Child Support Award - If both parents have the same net income, they split the amount from the chart equally: 50/50. Usually though, one parent earns more than the other. If so, the law says that the parent with more money may pay a bigger share, like 60/40 or 70/30 (they get the exact share by dividing each parent's income by the total in the 'pot'). In a case where one parent is disabled or on welfare, the other parent may pay 100%!


5 - Visitation and Shared Parenting Adjustments - If the parents have a plan or order that shows the number of days they each spend with their kids, a special deduction is calculated for the parent who may pay support, based on that time. This can be a lot or a little depending on the amount of visitation or parenting time, and the amount of money the parents have.


6 - Add-Ons and Special Deductions - If a family has certain add-on expenses, like child care or health insurance for the kids, those costs are added to the basic support amount and split the same way as the basic amount from the chart. Also, some special deductions, like other child support or alimony orders, or certain government benefits are subtracted.


7 - Poverty and Shared-Parenting Income Tests - The law says that the amount of child support paid or received should not leave a parent too poor. There are special tests built-into the Guidelines that can help prevent a parent from paying too much, or receiving too little. The tests, however, always favor the children, by making sure the parent who has the kids most of the time gets enough money to take care of them.


8 -The Final Support Order - The law says that the amount left, after all of the above steps are done, is the right and legal amount of child support. If parents, lawyers, or the Court want to use a different amount, they have to give a special reason why the amount from the calculation isn't being used.

ScottyMacEsq :

Now NJ doesn't have an official child support calculator to determine what your expected support may be. But you can use the Nebraska calculator (that has essentially the same law and guidelines as New Jersey) to get a good idea of what you would spend: http://www.alllaw.com/calculators/Childsupport/Nebraska/

ScottyMacEsq :

As you can see, it's not as easy as a simple percentage, but ultimately it is much more fair.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did that answer your question? Was there anything else that I could help you with?

ScottyMacEsq :

If there is something else that I can help you with, please let me know. Please note that I do not get any credit for the time and effort I spent on this (or any question) unless and until you select "accept". Thank you, XXXXX XXXXX good luck to you!

Customer:

as the parent that spends most time with the kids i would say 80% do i have any chance as a father of getting the kids seeing as her work schedule never has her around with us much

ScottyMacEsq :

That's ultimately a custody question rather than child support, but the principles are the same, in that the court is going to be making a determination of the best interests of the children.

ScottyMacEsq :

Did that answer your question?

ScottyMacEsq :

I have to leave for the next few hours because of a hearing, but I will be back later to address any additional questions that you may have, if any.


ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11281
Experience: Licensed Texas General Practice Attorney
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