Child Custody

The Uniform Child Custody Jurisdiction and Enforcement Act

The UCCJEA, N.J. Stat. Ann. § 2A:34-53 et seq., is a uniform act that provides the guidelines for determination of which state has jurisdiction to determine child custody.

There are four separate jurisdictional prerequisites:

1. Home State Jurisdiction: A state has home state jurisdiction when it has been the state of the child's residence for six months prior to any court actions, or the state would have been the child's residence for six months except for the child's wrongful removal from the state, or the child was born in the state less than six months ago;
2. Significant Contacts Jurisdiction: The child and at least one parent lives in New Jersey and there is substantial evidence of the child's connection with New Jersey including the child's care, training, and personal relationships;
3. "Temporary Emergency" Jurisdiction: New Jersey has temporary emergency jurisdiction if the child is present in New Jersey and the child has been abandoned or is in need of emergency protection because the child, or a sibling or parent of the child has been abused or threatened with abuse;
4. Best Interests Jurisdiction: No state has jurisdiction under the other three prongs and the Court determines it is in the best interests of the child that New Jersey has jurisdiction.

Child Support

Child support payments are a parent’s responsibility to support their children financially. This responsibility continues until the children are emancipated or the court orders differently. Child support payments are based upon parents’ income, ability to earn income, and assets. If one parent seeks to terminate their child support obligation where an order to pay child support is in place, that parent must file a petition with the court seeking to terminate or modify the child support obligation payments. If a parent does not pay child support when an order pay child support is in place, the parent may be required to pay past due obligations.

In determining the amount of child support to be paid by a parent and the period during which the duty of support is owed, the court shall consider, but not be limited to, the following factors:

1. Needs of the child;
2. Standard of living and economic circumstances of each parent;
3. All sources of income and assets of each parent;
4. Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;
5. Need and capacity of the child for education, including higher education;
6. Age and health of the child and each parent;
7. Income, assets and earning ability of the child;
8. Responsibility of the parents for the court-ordered support of others;
9. Reasonable debts and liabilities of each child and parent; and
10. Any other factors the court may deem relevant.

Determining the Amount of Child Support

Child Support Guidelines is the formula used to calculate child support. First, the formula identifies each parent’s gross income. Alimony is included in the receiving spouse’s gross income and is deducted from the paying spouse’s gross income. Taxes are then applied, so that the net income can be properly assessed. Even union dues are figured into the calculation because they are often considered a mandatory deduction. The Child Support Guidelines take into account a variety of child related expenses, including but not limited to health care premium payments, child care contributions, and other necessities.

Child Support obligation varies from case to case given each family’s specific circumstances. Also, the number of visitation overnights a non-custodial parent enjoys with the child dictates certain monetary credits to be applied which are factored into the formula.

While the rely upon the Child Support Guidelines to determine the proper amount of child support payments, in divorce cases where the parties have substantial household income, the amount of child support awarded may exceed these standardized guidelines.