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Child support guidelines do not apply

6/23/2017

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New Jersey has specific guidelines for calculating child support but in some situations- for example, if you child lives away at college or if your income exceeds a certain amount- these guidelines do not apply.  However, your child is not considered emancipated if s/he goes to college directly after high school.  So you are still financially responsible for your child but the guidelines no longer apply because some of the costs covered by child  support are paid for through your college costs (food, housing, etc.).  So how do you figure this out?

You have to look at some of the actual costs that occur when s/he is home (food) and then also the costs that occur even if s/he is not home (housing).  For example, your food bill may go up when your child is home from college but you are still paying the same mortgage each month even if your child is living at home only for winter breaks and summer months.  At Westfield Mediation, LLC, we help clients navigate these murky waters.  We help clients create a realistic and reasonable budget for these situations not covered by the state child support guidelines.

This also happens when couples are above the upper earning limits of the guidelines.  If you are a high income family then the state assumes your expenses for your children are higher than the average New Jersey family and expects you to create a budget based on the actual needs of your children.  It can be a little more challenging process but the mediators at Westfield Mediation, LLC, can walk you through the steps to arrive at a monthly support number. 

For more information about NJ Child Support Guidelines or divorce mediation contact Randi M. Albert, JD, or Michelle Weinberg, M.Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC, at 908.913.0373.  View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.
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Nesting

6/9/2017

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Divorcing parents often ask about “nesting” – the child custody/parenting plan where the kids stay in the family home and the parents take turns moving in and out.  The idea is to keep the children in their same home to minimize the disruption to their lives. Meanwhile, the divorced parents either share a separate residence, or each has their own.

In a recent New York Times article (https://www.nytimes.com/2017/05/30/well/family/after-divorce-giving-our-kids-custody-of-the-home.html), one woman described how the plan works for her family.  She concludes that the set-up requires a lot of juggling, but over all, she was happy that they had chosen that option.

Her piece generated a lot of comments, and I was struck by readers’ take on her article. Some commenters suggested that the nesting option is great, but really only available to wealthy parents who can afford multiple households. Others thought it might work for the short term, but could get old fast – especially as the parents start to date. Some readers thought it made sense to focus on the impact on the kids, while others felt it underestimated children’s resilience and ability to adjust to a new family dynamic.

At our practice, Westfield Mediation, LLC, we focus on helping our clients create an individualized parenting plan that makes sense for their family.  For families that want to try nesting, we explain the pros and cons, so that clients can consider whether it would work for them. Of course, the parenting plan that you start out with, doesn’t have to be the plan forever. For example, some clients want to try nesting, and then as the family changes and adapts, they want to try something else.  We help create parenting plans that can evolve as your family life does.

​For more information about parenting plans or divorce mediation,   please contact Randi M. Albert, JD, or Michelle Weinberg, LMFT, at Westfield Mediation, LLC, at 908.913.0373.  View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com

 
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    Authors

    Michelle Weinberg, M.Ed.,LMFT, is a Licensed Marriage and Family Therapist with many years of experience working with couples.

    Randi M. Albert, JD, is an attorney with experience in family law and public service.

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