Freehold, NJ asked in Child Support and Divorce for New Jersey

Q: It states that the age of a child when the initial child support order is entered, is she used to calc CS. When is that?

Let me be more specific. My daughter was 11 when my husband filed divorce papers, but 12 when we negotiated and then were granted our divorce in court. Is that when one parent first files for divorce? Or when it is granted?

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Child support in New Jersey is based on the child support guidelines. Realistically, the age of the child can be considered but is rarely a factor. More information about your case (which is more than what anyone should publish online) is required. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: I think you may be mixing apples with oranges with your question. Under NJ’s child support guidelines, there is a presumption that teenagers are more expensive than younger children - so if the guidelines are first calculated when a child is 13 years old or older, the court has the right to add an additional 14.3% to the guideline amount to reflect the additional costs incurred for the child BUT if the guidelines were first put in place when the child was young ( ie age 3), you would not add the teenager adjustment since the guideline amount from 3 -13 gave you a bump up in expense of raising your child during those years - that’s why the question is whether the calculation is the first or whether it’s a recalculation.

And date of importance is when the actual guidelines are run and put in place - not when the complaint for divorce is filed.

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