Do you have to pay child support if you have 50/50 custody in NJ?

Asked by: Daren Kshlerin  |  Last update: February 23, 2025
Score: 4.3/5 (71 votes)

If you have 50/50 or joint legal custody in NJ, the higher-earning parent pays child support.

How does child support work in NJ with 50/50 custody?

Generally, the parent who spends less time with the child pays support. If parents share custody 50/50, the higher-earning parent pays. The parent who pays is called the obligor, and the parent who receives payment on the child's behalf is the obligee.

What are the disadvantages of 50/50 custody?

Challenges of 50/50 Custody
  • Potential for Increased Conflict: If the parents have a contentious relationship, the frequent exchanges required in a 50/50 custody arrangement can lead to increased conflict. ...
  • Instability and Disruption: For some children, moving between two homes regularly can feel unstable and disruptive.

Does 50 50 custody pay child support?

It seems logical that if your custody is shared, you each cover costs for the child when the child is with you. However, in California, custody and child support are two separate components, and one parent may be required to pay child support to the other even in a 50/50 arrangement.

Do you have to pay child support if a parent has full custody in NJ?

In New Jersey, courts believe both parents have a legal obligation to provide financial support to help raise their child regardless of the visitation and custody arrangements that might be in place.

Does a Father Pay Child Support With 50/50 Custody?

18 related questions found

Can parents agree to no child support in NJ?

In other circumstances the custodial parent may want nothing to do with the non-custodial parent, and she or he may want to waive child support in order to sever all connections to the other parent. However, it is a bedrock principle of New Jersey law that child support may not be waived by either parent.

How much child support do I pay if I make $1000 a week in NJ?

Using these numbers, the court will determine the weekly payment amount using Appendix IX-F, Schedule of Child Support Awards. For a hypothetical example, if two parents have one child and jointly earn $1,000 per week, then the non-custodial parent must pay $233 in child support each week.

Should I pay child support if I have 50 50 custody?

Even if the parents are dividing physical custody down the middle, a judge may order the higher-earning parent to pay child support. You may have to pay child support even with a 50/50 custody agreement if you are the higher-earning parent.

When you have 50/50 custody, who claims the child on taxes?

The one with 183 overnights is the parent who is entitled to federal and state tax deductions and exemptions. Under the IRS' regulations, there is no such thing as “dual-custodial parents” when you have equal or joint custody. Therefore, one or the other parent must claim the tax benefits, but not both.

Do children do better with 50 50 custody?

WASHINGTON — Children from divorced families who either live with both parents at different times or spend certain amounts of time with each parent are better adjusted in most cases than children who live and interact with just one parent, according to new research on custody arrangements and children's adjustment.

Why would a judge deny 50 50 custody?

Differences in parents' style of attachment to children contribute to the inadequacy of 50/50 custody plans. Parental personality differences influence ability to give emotional nurturance to children. Courts often fail to alter 50/50 custody arrangements when circumstances beg for a change.

Is 50/50 good for kids?

Perhaps the most significant advantage of 50/50 custody is that it provides children with equal time with both parents. This can help children maintain a healthy and positive relationship with both parents and can reduce the likelihood of them feeling like they must choose one parent over the other.

What type of custody is best for a child?

The recent trend has been to favor joint or shared physical custody—allowing children to spend significant amounts of time with both of their parents. Judges (and legislatures) have been swayed by consistent research findings that children fare better after divorce under shared parenting arrangements.

Is it hard to get 50 50 custody in NJ?

While NJ courts want to keep in mind the best interests of the child, equally split custody is not always the default. However, you can reach a 50/50 custody agreement if that is what both you and your child's other parent want. You and your ex should feel free to create a parenting plan on your own.

Is child support mandatory in NJ?

Is a child support order mandatory in the state of New Jersey? Yes, the New Jersey family court must grant a support order if a child is involved in a divorce case.

Do you have to pay child support if you have 50/50 custody in NY?

In New York State, who pays child support in a 50/50 joint custody arrangement since there there is no one "custodial parent"? Generally, the lower-earning parent will be treated as the “custodial parent” and the higher-earning parent will end up paying child support.

Is it better not to claim a child as a dependent?

Good Reasons

If your income disqualifies you from claiming these credits, your child's income probably doesn't disqualify him or her. Therefore, your child may be able to report payment of education expenses for tax purposes and then claim one of the credits – but only if you don't claim him or her as a dependent.

What are the chances of a father getting 50/50 custody?

While it is not possible to provide an exact probability for a father obtaining 50/50 custody due to variations in individual circumstances and jurisdictional differences, research suggests that fathers who actively participate in their children's lives have better chances at securing equal or significant custodial ...

Should the parent with higher income claim the child?

If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for 2023.

Who claims children with 50 50 custody?

Under these rules, the parent who has physical custody of the child for the greater part of the year – defined as more than 50% of the nights – typically has the right to claim the child as a dependent for tax purposes.

How to avoid 50 50 custody?

One of the best ways to avoid a 50/50 custody split is through a mutual agreement before going to court. After all, when the case falls into the judge's hands, they will consider the divorce and custody case under the state laws. Parents on good terms can decide on custody and make a parenting plan independently.

Do you get more child support if you have full custody?

Generally, sole physical custody is awarded to allow a child to live in one home most of the time, and continue to attend their local school. Where joint legal custody and sole physical custody exist together, the amount of child support due will not change.

Do you pay child support on 50/50?

In California, it is common for spouses to split 50/50 custody of a child (or children) and for one spouse to still owe child support. If you are the higher-earning parent and you intend to share custody of your children equally (50/50 custody), you may be ordered to pay some child support or pay some costs.

How much do most dads pay in child support?

The average child support payment in California comes in at around $500 per month. Other estimates put the number at around $425 on the low end and approximately $800 for a high average. Of course, these numbers are just a rough estimate of what the average person pays monthly for child support.

What is the biggest factor in calculating child support?

5 Factors Determining How Much Child Support You Will Receive
  • Your Former Spouse's Gross Income. A judge isn't going to require someone to pay more child support than he or she can afford. ...
  • Your Current Gross Income. ...
  • The Number of Children You Have. ...
  • The Needs of the Children. ...
  • The Child Custody Arrangement.