11 Credits You Should Be Receiving on Your Child Support Order

For all parents in the State of New Jersey earning combined net income of less than $187,200 per year, child support is calculated under a formula known as the Child Support Guidelines. Anyone can perform this calculation, and all the information needed is available for free through the New Jersey Judiciary website, which publishes the Rules of Court at the following address: http://www.judiciary.state.nj.us/rules.

To get a good idea of the process, read through Appendix IX-A, “Considerations in the Use of Child Support Guidelines” and Appendix IX-B, “Use of the Child Support Guidelines.” Unfortunately, these calculations can be complex and time-consuming. Consequently, many child support orders are miscalculated either because the parent was unaware and failed to disclose the relevant information or because the person calculating the support order overlooked an important consideration.

Fortunately, clerical mistakes in a Court Order can be corrected under Court Rule 1:13-1. Additionally, a parent can file a motion seeking to vacate a prior order under Court Rule 4:50. You can check your support order for mistakes by reviewing the Guidelines worksheet, which the Court is required to issue alongside any Court Order containing child support provisions, for the following eleven common errors:

1. Income.

Many child support orders are not calculated using appropriate numbers for the parents’ incomes. Child support orders are supposed to use gross income, which is defined under the Rules of Court as “all earned and unearned income that is recurring or will increase the income available to the recipient over an extended period of time.” If you receive support, check between the other parent’s federal income tax return, state income tax return, and W-2. Check line 1 on your Guidelines worksheet to ensure each parent’s income is listed properly.

2. Overnight Visitation.

Child support is calculated based in large part on the number of overnights each parent spends with the child. An “overnight” is defined under the Rules of Court as “the majority of a 24-hour day (i.e., more than 12 hours).” The Guidelines assume that a parent who has the child for the overnight is incurring substantial expenses included transportation and food and assigns the support obligation accordingly. Check line 20a of your Guidelines worksheet and make sure the correct number of overnights is listed.

3. Tax Filing Status/Exemptions.

The amount of income available to each parent depends in part on his or her tax filing status and number of exemptions. Unfortunately, many child support calculations simply assign single filing status and one exemption because it is the default under the Guidelines calculation computer program. If you file as head of household or married, or if you have more than one tax exemption, you may be paying too much support or receiving too little. Check section 5 at the very bottom of your Guidelines worksheet to ensure each parent’s tax filing status and number of exemptions is listed properly.

4. Union Dues.

If you pay mandatory union dues, the Child Support Guidelines take this into account by reducing your available income. Frequently, either the parent does not know that they should receive a credit for mandatory union dues or the Court does not ask. Check line 2b of your child support order to see if you are receiving an appropriate credit.

5. Mandatory Retirement Contributions.

For the same reason the Guidelines take into account mandatory union dues, they also take into account mandatory retirement contributions. Again, this might cause you to pay too much or receive too little in child support. Check line 1a to see if you are receiving appropriate credit for any mandatory retirement contributions.

6. Childcare.

The net cost, after tax credits, of work-related childcare should be factored into child support calculated under the Guidelines. Childcare costs have a massive impact on the amount of the final child support obligation. If childcare costs are being incurred but are not factored into the support order, you are likely receiving substantially less support than you should. On the other hand, if childcare costs are no longer being incurred but support has not been recalculated, you may be able to substantially reduce the amount paid. Check line 9 of your Guidelines worksheet to ensure the costs of work-related childcare (or lack thereof) are appropriately listed.

7. Health Insurance.

The costs associated with providing health insurance for the child are a mandatory consideration under the Guidelines. Check line 10 to ensure the child’s share of your health insurance premiums is properly included.

8. Other Dependent Deduction.

If you have another dependent, for example a child with your new husband or wife, then you are entitled to an appropriate credit for the costs of raising that child. Just as with a second child support order, this can have a substantial impact on your support obligation to your prior dependents. Other dependent deductions are relatively difficult to calculate under the Guidelines and are therefore omitted frequently. Check line 2d to see if you receive an appropriate credit for your other dependents.

9. Sole/Shared Worksheet.

Depending on the number of overnights, child support should be calculated using a different worksheet: either “sole” or “shared.” Generally, if the noncustodial parent has the child for two or more overnights per week, then a shared parenting worksheet should be used. If not, a sole parenting worksheet should be used. The proper selection of a worksheet is critical because it shifts a number of financial assumptions underlying the amount of a support award. For example, if you use a sole parenting worksheet, it is assumed that the noncustodial parent does not incur fixed costs like housing-related expenses. Check the top of your Child Support Guidelines worksheet. It will say either “sole” or “shared.”

10. Alimony Paid/Received.

For obvious reasons, alimony paid or received between the parties is taken into account when calculating child support. If you receive alimony, you have more money available to support your children. If you pay alimony, you have less money available to support your children. It’s that simple. Check lines 1b and 1c to ensure the appropriate amount of alimony paid and received is reflected on your Guidelines worksheet.

11. Other Child Support Orders.

For the same reasons as alimony orders affect child support, so do other child support orders. If you are required to pay child support of $200 per week to the parent of your firstborn, you have $200 per week less available to pay child support for your secondborn. Check line 2c to ensure that other child support orders are appropriately reflected on your Guidelines worksheet.

The eleven considerations listed here are just the most common oversights. If you believe you should be receiving credit in any of these eleven categories, call Andrew M. Shaw, Esq. at the DeTommaso Law Group in Somerville, NJ for a free consultation (908 595 0340). If a mistake has been made, it needs to be corrected as soon as possible or you may lose your right to correct it at all.