The process of obtaining child custody and support in New Jersey contains various complex elements which create strong emotional responses. This guide presents a systematic analysis of New Jersey family court procedures regarding custody determination and support evaluation based on official state regulations and recent statutory changes.
Establishing Jurisdiction: Where the Case Belongs
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) permits family court proceedings to start in the state where the child resides under its provisions which all states except Massachusetts have enacted.
The court of New Jersey has authority to handle a case under two conditions:
- The child must reside in New Jersey for six consecutive months with one of their parents.
- The court of New Jersey may initiate proceedings despite the child’s absence from the state because it possesses essential ties to the child and has access to relevant evidence.
A New Jersey court maintains its authority to make child custody decisions after issuing a custody order because it has exclusive jurisdiction unless parents and the child relocate out of the state and sever all ties with it. The court establishes this rule to stop parents from moving cases between different states for their benefit.
Types of Custody Arrangements in New Jersey
New Jersey law divides custody rights into two main sections:
- Legal custody: decision-making rights over education, health care, religion, etc.
- Physical custody: where the child lives and the custody schedule.
The most common forms include:
- Joint legal custody: Both parents share major decision-making responsibilities.
- Sole legal custody: One parent has exclusive decision-making rights—rare unless one parent is unfit.
- Joint physical custody: Children split time between parents’ homes—often equally, but not always.
- Sole physical custody: One parent has primary residential custody and control over daily care, with the other having supervised or no parenting time in exceptional cases.
The courts of New Jersey support joint custody arrangements because these arrangements help children maintain contact with their parents unless the arrangements would cause harm to the child.
How Courts Decide What’s in the Child’s Best Interest
New Jersey family courts need to assess multiple criteria when they decide what is best for the child. The assessment of each parent involves evaluating their personality traits along with their physical condition and past behaviors.
- The home environment and safety measures.
- The child’s established relationships with household members.
- Each parent’s ability to support the child, including financially.
- Child preference if age 12 or older.
- Any history of abuse, domestic violence, substance use, or neglect.
Courts may refer parents to Family Division investigations or mediation programs because they cannot resolve their own custody disputes.
Parenting Time (Visitation) and Scheduling
The court develops specific parenting time arrangements for each child after deciding their custody rights. They consider:
- Parents’ work schedules and caregiving ability.
- Proximity of residences.
- The child’s school and activity routines.
The court establishes supervised or restricted parenting time only in cases where child safety is at risk because of abuse or serious mental health concerns.
The determination of child custody marks the end of the first phase which leads to child support calculations. The Income Shares model of New Jersey calculates combined parental expenses as if they resided together before distributing this amount according to their individual income ratios.
Primary factors include:
- Each parent’s gross and net income.
- Daycare and childcare expenses.
- Medical insurance and health-related costs.
- Social Security benefits or other dependents.
Child support worksheets issued by courts differ according to whether parents share custody or have sole custody of the children.
Special Adjustments: Shared Parenting and Self‑Support Reserves
A special worksheet exists to calculate support amounts when parents share parenting time equally. The court reduces support payments if the non-custodial parent’s post-support income drops below 150% of federal poverty guidelines which equal $451 per week since January 1, 2025. The reduction applies only when the non-custodial parent’s post-support income falls below the threshold but the custodial parent earns more than that amount.
Termination and Duration of Support
Child support payments extend until the child turns nineteen years old or completes high school education and whichever milestone arrives first.
The court will only prolong child support past age 19 when the child faces disabilities or needs continued education. The standard obligations expire at age 19.
The duration of medical support runs parallel to child support duration.
Modifying Custody or Support Orders
Parents need to file a request to modify their orders when major life changes occur such as:
- Job loss or major income change.
- Health or developmental needs of the child.
- A substantial shift in the custody or parenting time arrangement.
When filing a support change motion courts require documentation about the new circumstances and their impact on the child’s needs and parent compliance capabilities.
Child support orders require periodic reviews every three years to verify their continued suitability.
Enforcement and Right to Counsel
When parents fail to fulfill their custody or support orders the court has multiple enforcement options including contempt motions and wage garnishment and can impose incarceration as the last resort. The Pasqua v. Council court ruling from New Jersey provides legal counsel at no cost to parents who face incarceration due to child support non-payment.
The court’s probation or DCPP may handle enforcement actions.
How Pellettieri Rabstein & Altman Can Help
Pellettieri Rabstein & Altman operates as a well-established New Jersey law firm which handles child custody and support cases throughout the entire state.
We offer:
- Mediation and out-of-court negotiation services.
- Trial-ready advocacy when settlement isn’t possible.
- Guidance for clients regarding worksheets and adjustments and jurisdiction issues and modifications.
We provide comprehensive guidance throughout the process because our lawyers specialize in both child custody and support law. Our method focuses on direct communication while maintaining complete responsiveness and taking aggressive action when required.
Learn more about child custody here.
Frequently Asked Questions
Q: How do New Jersey courts decide who gets custody?
A: NJ courts base custody decisions on the child’s best interests, considering factors like home stability, parental health, relationship quality, and safety.
Q: How long do I have to pay child support in NJ?
A: Usually until age 19 or high school graduation, but it can be extended for disability or continued education.
Q: Can custody orders be changed in New Jersey?
A: Yes, if there’s a significant change in circumstances, such as relocation, income changes, or safety concerns.
