As is the case in many states, New Jersey used a formula to determine the appropriate amount of support to be paid for children when their parents separate or divorce. This formula is detailed in the New Jersey Child Support Guidelines, which can be found in the Appendix to the New Jersey Court Rules. The Appendix also contains extensive discussion about the basis for the guidelines and how to apply the formula
Child support in New Jersey is primarily based on the parents’ incomes and how much time the child will be staying at each parent’s home. Because income is fundamental to the Child Support Guidelines calculations, they are updated fairly regularly to account for changes in tax code and poverty guidelines. Updates to taxes and poverty guidelines will be applied effective June 1, 2026.
New Considerations For Childcare Costs
With the June 1, 2026, update, however, there is a change that could substantially affect some families, and yet is easy to overlook in the text of the revised Appendix. This change impacts how childcare costs are handled in the Child Support Guidelines.
Although child support is primarily based on parents’ incomes rather than actual expenses, there are a few limited exceptions. The Child Support Guidelines do allow for consideration of the cost to maintain medical insurance for children and the cost of work-related childcare, such as daycare or before- and after-care expenses. The Appendix details how and where to enter this information into the Child Support Guidelines. For now, it allows for childcare expense for children under the age of 15, or older children with special needs due to physical or mental illness.
Once changes go into effect on June 1, 2026, however, childcare costs can only be included for children under the age of 13 if there are no special needs. This seemingly minor change in the Court Rules could mean big changes for parents with children ages 13 or 14 who have childcare costs included in their child support calculations. Families in this situation may find themselves speaking to a judge about whether their 13 year old child needs childcare.
As this change is not yet effective, it is not yet known how judges will apply the new standard, or whether they will consider this as a reason to recalculate child support for families where support is already in place. Parents in this situation will benefit from having experienced counsel to navigate this new standard and present legal arguments to the judge.
