New Jersey Child Support Payment Obligations

acf.hhs.gov, Jan 04, 2006

Child support can be a significant source of income for the family that receives it. According to Census Bureau information, poverty rates for female-headed households decrease substantially when these women begin to receive child support. With the current time limits on Temporary Assistance to Needy Families (TANF) benefits, this additional source of income becomes more important than ever. Increased income flowing to the family can enable the custodial parent to enter the workforce by covering child care costs and providing a source of health care coverage. Establishing paternity and a support obligation also can connect a parent to a child and, thereby, begin or restore a relationship between the child and the noncustodial parent.

This chapter discusses the steps involved in establishing a support obligation and issues arising under child support guidelines. The section on medical support focuses on the mandates for obtaining orders for health care coverage, the National Medical Support Notice, child support insurance programs, and the Employee Retirement Security Act of 1974 (ERISA). The chapter also introduces the attorney to interstate, tribal, military, and international child support issues.

CHILD SUPPORT GUIDELINES
Guidelines for calculating child support first became a reality with passage of the Child Support Amendments of 1984. This legislation broadened the effectiveness of the CSE agency by requiring States, as a condition of receiving Federal funds, to implement wage withholding after one month’s delinquency, impose liens on property, and intercept tax refunds of nonpaying obligors. The 1984 legislation also required States to develop mathematical calculations to determine appropriate child supports awards. Since then, child support professionals, decision-makers, and attorneys have relied on these formulas to set appropriate amounts of child support.

The Child Support Amendments of 1984 did not require these guidelines to be binding on decision-makers. The Family Support Act of 1988 mandated use of guidelines, requiring that all States, as a condition of receiving Federal funds, have guidelines and use them when calculating a support amount. The guideline calculation must create a rebuttable presumption that it is the appropriate amount of support, given the parent’s or parents’ income, or potential income, and any specific needs of the child.

Pursuant to Federal regulations, State guidelines must consider the earnings and income of the noncustodial parent. They also must have certain numeric and mathematical calculations that result in a support amount, and must provide for the child’s health needs.

Federal regulations provide that guidelines can be established by law or by judicial or administrative action. Each State chooses its own guidelines, the use of which is binding on judges and other officials who set child support awards. A written or specific finding on the record that application of the guidelines would result in an inappropriate or unjust order is required to rebut the presumption that the application of guidelines results in the correct child support order amount. Therefore, support amounts can deviate from guidelines, but the decision-maker must state reasons, on the record, that justify the deviation.