Some parents enter into a 50/50 custody arrangement, thinking that the finances will balance out. They assume no child support will be ordered because of the even distribution of parenting time and child care expenses. But it doesn’t work that way in New Jersey.
You could still have to pay child support in a 50/50 plan. Let’s discuss why and what goes into the court’s calculation.
Child Support vs. Custody
Child support and custody aren’t the same thing in NJ. That means equal parenting time doesn’t automatically mean equal financial support. Both issues are resolved separately and through a different legal lens.
In New Jersey, child support is intended to maintain the same standard of living a child would have had if the family had never split. And that objective doesn’t change even if parents divide parenting time equally.
NK courts use a standard child support calculation method that’s based on each parent’s income, expenses, and other factors. Parenting time and custody are one input into that formula, but by no means the only ones. Income also matters, and when one parent earns significantly more than the other, it becomes a consequential factor.
Who Pays Support When Custody Is 50/50?
In almost all child support cases, the higher-earning parent pays child support to the other parent, even if custody is 50/50. The paying parent, known as the obligor, remits regular payments to the obligee, the other parent. You will know which parent is which after the court finishes its calculation.
That income gap is important because it shows what each household can provide for the child. And a child support order is how NJ courts address that. Contact Hand and Toker today to learn more.
How New Jersey Child Support Is Calculated
Family courts in New Jersey don’t use the same calculation for 50/50 custody as they do for sole custody. In 50/50 situations, the guidelines are designed to ensure both parents have significant parenting time with the child. So, the calculation accounts for the fact that both parents are carrying independent household expenses for needs such as food, housing, clothing, medical care, extracurricular activities, and entertainment.
In practice, this means that the standard child support guidelines in New Jersey are adjusted by the court to reflect the realities of both parents’ lives. The result is typically lower than a sole-custody calculation would produce. Talk to your lawyer to determine what that means for you.
Other Factors Courts Consider
Courts also look at health insurance premiums, work-related childcare costs, education costs, and medical expenses. These factors get layered into the final amount the obligor must pay. However, the party bearing those costs, and the amount thereof, can shift the obligation in either direction.
Meanwhile, the more overnight visits the child has with the paying parent, the less that parent generally owes in child support payments. It’s important to note, however, that while parenting time can reduce the obligation, it doesn’t eliminate the requirement entirely.
When Parents Agree to Skip Child Support Altogether
New Jersey parents can agree to a different arrangement from the standard, but that arrangement must be approved by the court to be legally binding.
A verbal agreement between parents sounds good in theory, but it carries no legal weight and can be disregarded at any time by either parent. If one parent changes their mind later, the other parent has no legal protection. At Hand and Toker, we almost always recommend that parents obtain child support orders through the court to ensure they are equitable and enforceable.
Modifying a Child Support Order
Worried about locking in a payment amount you can’t afford? Concerned that the amount ordered won’t be enough in the future? Your child support order can be modified if something changes, such as a job loss or a change in circumstances.
Avoid adjusting child support orders informally once a court has filed its order. Even if it makes financial sense, paying less than what the court ordered can have heavy consequences. It can also create arrears and open the door to enforcement. Talk to a lawyer if you need to modify your order in court.
What Now?
What does this mean for parents with 50/50 custody? Here’s a quick reference guide:
- Equal parenting time does not mean equal financial obligation.
- The higher-earning parent almost always pays child support to the other parent.
- Hiding or omitting financial information is illegal.
- Any agreement that deviates from the court order needs formal modification.
- Contact Hand and Toker for help modifying child support orders.
Our goal is to help families navigate NJ child support obligations and court proceedings. Contact our team today to schedule a confidential consultation with a family law firm you can trust.