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KIDS CAN BE EXPENSIVE

10/8/2021

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Kids can be expensive.  When getting a divorce, often times parents assume that child support covers all of the costs associated with raising their children and once he/she writes that child support check each month his/her financial responsibility is complete.  But kids are really expensive and child support covers the bare minimum of these expenses.  In New Jersey there are three types of costs factored into the mandated child support guidelines formula- fixed costs that occur if your kids are with you or not with you (like housing), variable costs that occur when your kids are with you (like transportation and food) and controlled costs of which you have direct control (like clothing, personal care items and entertainment). 

So, you can’t ask your co-parent for extra child support money to go to the movies with the kids.  It is already included in child support.  Or to take them out to dinner. Also, already included in the child support calculation.  But what about all the other really expensive costs that come up for your children that child support does not cover- so there is no mandated formula to help you figure out payment- costs for their cell phone each month, travel soccer, weekly piano lessons or braces. 

Ideally you and your co-parent decide how to address all of the financial costs that come up constantly that are not covered by child support during the process of mediation, before you get divorced.  Once you separate your one joint bank account into two individual accounts how do you know who is paying how much for what for all of the non-child support expenses?  The divorce mediators at Westfield Mediation, LLC, help you make sure your children’s cell phone bill continues to get paid each month.  During the process of mediation, you will develop a strategy to pay for all of the expenses that are over and above the payment of child support. One of the benefits of divorce mediation is that you have the flexibility to work out a plan that is tailored to your needs. The divorce mediators can help you figure out what works best for your particular financial situation.  Because, as we all know, kids can be expensive.

For more information on child support or divorce mediation, please 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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The American Rescue Plan Act and Child Support

3/19/2021

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Even in the divorce mediation world, everyone is talking about the new law just passed by Congress – the American Rescue Plan Act of 2021 (ARP). It promises new and increased cash payments to many Americans. One part of the law includes more generous tax credits for children; and this new payment structure may have an impact on child support for divorced and divorcing parents.

Previously, depending on their income, parents received a tax credit of up to $2,000 per child. Under the ARP, this potential tax credit increases to $3,000 per child and $3,600 for children under 6 starting in 2021.  In addition, the IRS plans to estimate the amount of the child tax credits for the year for families and pay them out in monthly portions in advance beginning in July 2021. These increased tax credits may impact child support calculations going forward. 

Calculating child support is part of the divorce mediation process at Westfield Mediation, LLC. We calculate child support based on income and the number of nights each parent spends with the children, while also taking into account the payments parents make for health insurance premiums and/or child care. As part of the child support calculation, we determine which parent will be claiming the children as dependents for tax purposes. Sometimes, parents share these tax credits or alternate them over time. For our clients, we often run these numbers a few different ways to help them decide what is the best plan for them.

Divorced and divorcing parents may need to consult with their accountants to understand the impact of the new ARP laws on their taxes. In divorce mediation, we advise our clients to seek out the most up to date information available to help them make the best financial decisions for their family.

​For more information on divorce mediation, parenting plans and child support, please 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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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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figuring out child support

2/19/2016

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Figuring out how the parents are going to support their kids after divorce is an important part of the divorce mediation process.  Sometimes, divorce mediation clients come to us at Westfield Mediation, LLC and say that they have worked things out with their soon-to-be ex-spouse, and they have decided that there won’t be any child support.  Well… it does not really work that way.

As we tell our clients, child support is a right of the children and can’t be waived by the parents. The state has created a legal obligation to support your children, and provide them with basic essentials including food, housing, clothing, health care, etc. The kids are entitled to their full amount. 

So, how do we figure out what the child support amount is? In New Jersey, we have an equation for calculating child support based on income , the amount of time each parent spends with the kids, the age of the kids, and who covers expenses like child care and health care. The amount of child support can vary over time as parents’ incomes and parenting schedules change.  Other child expenses like camp, sports, tutoring or college are not included in the child support amount, but are also determined in the parenting plan that you create in mediation. In divorce mediation, we guide you through this process to help you reach an understanding of parenting and support and an agreement that works for your family’s emotional and financial needs.

​For more information about parenting plans, child support and 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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New Emancipation Law in New Jersey

2/5/2016

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When does child support end?  Generally, when a child is emancipated.  So, what exactly does that mean? Emancipation, in reference to a child, is a term that describes when your child goes from being a minor to an adult.  When this occurs, the child becomes free from parental control and the parents become free from financial support of the child.  Governor Christie signed Bill S-1046/A-2721 into law on January 19, 2016 and it will take effect on February 1, 2017.  This law affects age of emancipation in New Jersey, which in turn affects child support.  The new law establishes that a child is automatically emancipated on his/her 19th birthday and a parent is no longer obligated to continue child support payments beyond this date.  A child can be considered emancipated earlier than his/her 19th birthday if s/he is in the military, gets married or dies.  And emancipation can be delayed up to the age of 23 if a child has a mental or physical disability or still attends high school (or other secondary school) or is enrolled full-time in a post-secondary school (i.e. college) after high school.  If the child does not fit into these categories, a parent may ask the court to extend emancipation based on exceptional circumstances to be decided on a case by case basis. 

The new law was needed because people were confused about when child support ended.  Previously, you needed to file paperwork with the court to formally close this obligation and if a parent did not do this, the obligation continued.  Well, sometimes a child clearly should have been considered emancipated but was still on the books as unemancipated because no paperwork was ever filed, and the parent still on the hook for child support payments.  This new law clarifies that there is now a standard age for emancipation in New Jersey and no need to file additional paperwork. 

A couple can decide to continue to financially support their children beyond age 19, if they continue with college or have a disability, but this again will automatically end at age 23 without having to file additional paperwork.  At
Westfield Mediation, we help couples navigate the issue of child support and emancipation.  It is written into every parenting agreement.  Parents need to address these issues during the divorce process so each will know what to expect legally and financially from each other when planning their children’s future.  
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For more information about divorce mediation 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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That Amount Just Can't Be Right!

4/27/2012

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I owe what???? I am only getting what???? Child support in New Jersey, what a mystery it can be to the casual observer. I often have clients find some type of child support calculator on the Internet, plug in their salaries and get a number.  Boy, are they shocked when I explain all the factors for child support and tell them the number they have from the Web is way off base, either too high or too low.  Child support guidelines are based on the expenses an average family (which does not exist in reality because no one is average) incurs to raise their children in New Jersey. 

So what are the factors to consider? It includes the income of both parents, taxes, amount of time spent with the kids, add-ons (child care, health insurance) and deductions (alimony, other child support obligations).  If one parent is not working but is able to work, the court figures out how much Mom/Dad is capable of earning and uses that number in the calculations.  While the courts cannot force you to work, they still consider your potential income.  Moreover, only required tax deductions count in the total, so the figure the court uses may not match your take-home pay.  Both parents calculated income is put into the pot.  Then you consider the number of children in the family and this will equal your basic child support award (total cost of raising your children). 

So why does only one person pay for child support?  There is still more to consider. This basic child support award is split in proportion to the incomes.  Say, Dad makes 60%; Mom makes 40% of the total income.  Not done yet. Also, the amount of time spent with the kids is a factor.  You are not expected to pay for 60% of the cost of food for the kids if you are already paying for 100% of their food during the time that they are with you.  See, it is complicated.  The add-ons like child care, and cost of health insurance for the children or deductions like alimony or child support from other relationships, make a difference in the bottom-line number.  Finally, the amount can also be influenced by when support starts.  Adolescents are more expensive than younger children.  If your child is a teenager when support starts, the amount can increase by as much as 14.6%.

After all these factors are considered, you are left with a final support order.  This is the amount that one parent pays to the other parent to help equalize the monies that both parents contribute to the cost of raising their children in two homes.  Both parents pay- yet, the money from one parent is not seen, so it may look like one parent pays 100% and the other parents pays 0%.  Take my advice—use a professional when figuring child support.  There are too many variables to consider for a simple calculator you found online to get it right. 
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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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