New Jersey Child Custody and Support Guidelines

New Jersey Child Custody and Support Guidelines:

Custody may be awarded to either parent, based on the best interests of the child. In making an award of custody, the court shall consider but not be limited to the following factors.

• The parents' ability to agree, communicate and cooperate in matters relating to the child.
• The parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse.
• The interaction and relationship of the child with its parents and siblings.
• The history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent.
• The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.
• The needs of the child.
• The stability of the home environment offered.
• The quality and continuity of the child's education.
• The fitness of the parents.
• The geographical proximity of the parents' homes.
• The extent and quality of the time spent with the child prior to or subsequent to the separation.
• The parents' employment responsibilities.
• The age and number of the children. A parent shall not be deemed unfit unless the parents' conduct has a substantial adverse effect on the child.

[Based on New Jersey Divorce Statutes 9:2-4]

New Jersey uses the "Income Shares" method of determining child support, meaning that the level of support will be based on the income of both parents combined. In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court in those cases not governed by court rule shall consider, but not be limited to, the following factors:

• Needs of the child.
• Standard of living and economic circumstances of each parent.
• All sources of income and assets of each parent.
• 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.
• Need and capacity of the child for education, including higher education.
• Age and health of the child and each parent.
• Income, assets and earning ability of the child.
• Responsibility of the parents for the court-ordered support of others.
• Reasonable debts and liabilities of each child and parent.
• Any other factors the court may deem relevant.

[Based on New Jersey Divorce Statutes 2A:34-23]