We Are Dedicated New Jersey Child Support and Alimony Lawyers
Securing fair child support and protecting your financial future in Passaic County and across Northern New Jersey.
When a marriage or relationship ends, one of the most urgent concerns is financial stability. How will you afford your mortgage or rent? How will your children’s daily needs, school supplies, and medical expenses be paid? The court orders and agreements you establish today regarding child support and alimony will dictate your financial reality and your quality of life for years to come.
At Raff & Raff, LLP, we bring over a century of trusted legal experience to your side. We know that financial disputes in family court can quickly become hostile, emotionally draining, and incredibly expensive. Our approach is defined by absolute honesty and strategic pragmatism. We do not make false promises or encourage you to fight expensive courtroom battles over minor issues just to run up our legal bills. Instead, we analyze the numbers clearly, explain what is realistic under New Jersey law, and work diligently to secure a fair outcome that protects your financial interests.
Achieving a truly fair financial resolution in family court requires much more than simply running standard software programs. In New Jersey, calculating support accurately depends entirely on the absolute precision of the financial data entered into the system. If one parent is self-employed, receives cash payments, or is voluntarily underemployed, the court requires a sophisticated investigation to impute income fairly. Furthermore, because spousal alimony lacks a fixed calculator, securing a predictable outcome demands strategic negotiations backed by complete financial disclosures (the Case Information Statement). Our priority is to prevent a judge—who lacks a deep understanding of your household’s historical standard of living or unique budgetary needs—from dictating your financial future. We work tirelessly to negotiate a customized, protective support structure from a position of strategic strength, ensuring your financial security is legally secured.
“Many people believe child support and alimony are automatic math formulas. While child support does initially use a standard but modifiable guidelines calculator, alimony is based entirely on a complex set of statutory factors. Furthermore, if you were never married, child support is handled through an entirely different court docket than a divorce. If you do not understand how these laws apply to your unique family structure, you risk leaving thousands of dollars on the table or committing to payments you cannot afford.“
— Daniel A. Levy, Esq.
How Child Support Works in New Jersey
New Jersey child support is designed to ensure that children enjoy the same financial advantages they would have if their parents remained together—regardless of whether the parents were married or unmarried.
The Child Support Guidelines
In the vast majority of cases, child support is calculated using a strict mathematical formula known as the New Jersey Child Support Guidelines (governed by Court Rule 5:6A).
The Guidelines calculator is highly precise and factors in:
- The combined weekly net income of both parents.
- The number of overnight visits the child spends with each parent.
- Which parent pays for the child’s health insurance premium.
- Work-related childcare/daycare costs.
- Any government benefits received on behalf of the child.
Because the system is formula-driven, your attorney’s primary job is to ensure that the numbers entered into the software are absolutely accurate. If the other parent is hiding income, is underemployed, or is self-employed and running personal expenses through a business, we work to prove their “imputed income” to the court to ensure your child receives the correct support award.
What is (and Is Not) Covered by the Child Support Guidelines
Many parents are shocked to learn that the basic child support payment does not cover every expense.
- What the Guidelines Cover: Basic child support is meant to cover core expenses like housing, food, clothing, public transportation, and a baseline of entertainment and school supplies.
- What is NOT Covered: Significant additional expenses are excluded from the basic formula and must be negotiated or ordered separately. These include:
- Extracurricular Activities: High-cost sports equipment, club sports, music lessons, and summer camps are typically divided between the parents in proportion to their incomes (e.g., a 60/40 split).
- Unreimbursed Medical Expenses: The custodial parent must pay the first $250 per year, per child, in out-of-pocket medical expenses (co-pays, prescriptions). Any medical expenses exceeding that amount are divided proportionally.
- College Contribution: Under New Jersey’s landmark Newburgh v. Arrigo standard, parents have a legal obligation to contribute to their child’s higher education expenses based on a list of 12 factors, regardless of child support and regardless of whether the parents were ever married.
High-Income Families & “Above the Guidelines” Child Support
The standard New Jersey Child Support Guidelines only apply to parents whose combined net weekly income is equal to or less than $3,600 per week (approximately $187,200 net per year).
If your combined family net income exceeds this threshold, your case is classified as an “Above the Guidelines” case.
How is support calculated for high earners?
Once the combined weekly income crosses the $3,600 mark, the standard calculator stops. To determine the additional child support amount, the court must apply a list of statutory factors under N.J.S.A. 2A:34-23(a).
- The Burden of Proof: Additional support is not automatic, nor is it a simple percentage of your remaining wealth. The parent seeking additional support must present a detailed, realistic budget showing that the child’s actual lifestyle needs exceed the maximum Guidelines amount.
- What the Court Evaluates: The judge will review the child’s actual expenses, including private school tuition, tutoring, luxury extracurricular activities, travel, and specialized training. The goal is to allow the child to share in the high-earning parent’s good fortune, without awarding a “windfall” that acts as disguised alimony for the custodial parent.
- Our Advocacy: Whether you are seeking a fair contribution to maintain your child’s standard of living, or you are a high earner protecting yourself against excessive, unrealistic support demands, we provide the sophisticated financial analysis needed to present a compelling case to the judge.
The “FD” Docket: Establishing Support & Custody Without Filing for Divorce
Most people believe that to establish formal, legally enforceable court orders for child support, spousal support, or custody, you must file for a full, contested divorce. This is a common and highly expensive misconception.
In New Jersey, the family court utilizes a specialized pathway known as the Non-Dissolution docket (commonly called the “FD” docket). This docket is a powerful legal tool designed for two distinct groups of parents:
1. The Essential Pathway for Unmarried Parents
If you and the other parent were never married, you cannot file for divorce. Instead, the FD docket is your primary legal pathway to protect your parental rights and establish financial stability. Through an FD action, we can help unmarried parents:
- Establish legal paternity and physical and legal custody.
- Secure a formal, binding child support order under the NJ Guidelines.
- Apportion the costs of health insurance and work-related daycare.
- Establish a predictable, court-ordered parenting time schedule so both parents have clear rights.
2. A Cost-Saving “Hack” for Separated Married Couples
If you are married but not ready to end your marriage—or want to avoid the massive expense of a standard divorce action—the FD docket serves as an incredible cost-saving tool:
- For Couples Considering Reconciliation: If you and your spouse are separated but hope to work things out, filing for divorce can feel too final. An FD action establishes temporary financial safety nets (child support, spousal support, and parenting schedules) while you work on your marriage.
- For Couples with Simple Issues: If you do not own real estate, have no complex retirement assets to divide, and have no businesses to value, filing a standard divorce with multiple requests can cost thousands in unnecessary legal fees.
- A Faster, Cheaper Path to Divorce: By utilizing the FD docket first, you can establish clear court orders for support and custody. Once those are running smoothly, we can later file a simple, uncontested, “no-fault” divorce action. The divorce complaint will simply ask the judge to dissolve the marriage and carry over your existing FD support orders. This route bypasses the complex divorce litigation process entirely, saving you immense time, stress, and money.
Understanding Alimony in New Jersey: For Married Couples Only
While child support is a parental obligation that applies to every single parent regardless of marital status, alimony (spousal support) is strictly reserved for individuals who were legally married. This is available for anyone getting divorced, as well as those who are not currently getting divorced.
Unlike child support, there is no mathematical formula or calculator for alimony in New Jersey. You cannot put your incomes into an app and get a number. Alimony is highly discretionary and is often the most heavily negotiated aspect of a divorce.
The court evaluates a list of 14 statutory factors under N.J.S.A. 2A:34-23(b) to determine if alimony is appropriate, what the amount should be, and how long it should last. These factors include:
- The actual financial need and ability of each party to pay.
- The duration of the marriage.
- The physical and emotional health, and age of each party.
- The standard of living established during the marriage.
- The earning capacities, educational levels, and employability of both parties.
- How parental responsibilities were shared during the marriage.
The Four Types of Alimony in New Jersey
To help you understand your potential exposure or entitlement, New Jersey law breaks alimony down into four distinct categories:
| Alimony Type | Duration | Primary Purpose |
| Open Durational | For marriages of 20 years or more; lasts until retirement or a significant change in circumstances | Maintains the marital standard of living for a spouse who sacrificed career growth for the family. |
| Limited Durational | For marriages under 20 years; the duration cannot exceed the actual length of the marriage. | Provides financial assistance for a specific number of years while the receiving spouse rebuilds their independent life. |
| Rehabilitative | Short-term, defined duration. | Supports a spouse while they go back to school, complete a degree, or undergo training to re-enter the workforce. |
| Reimbursement | Short-term, defined duration. | Repays a spouse who supported the other through professional school, medical residency, or advanced career training. |
Our family law attorneys will guide you through these factors, helping you negotiate a structured, predictable spousal support agreement that prevents future litigation.
Centrally Located in Paterson and Ridgewood to Serve Northern New Jersey
Our offices are located right in Paterson and Ridgewood, just minutes from the Passaic County Family Court and Bergen County Family Court (Superior Court of New Jersey, Chancery Division, Family Part).
Because we regularly represent clients appearing in courts across Northern New Jersey, we have a deep, practical familiarity with local court procedures and local judges in:
- Passaic County (Paterson)
- Bergen County (Hackensack)
- Essex County (Newark)
- Morris County (Morristown)
- Hudson County (Jersey City)
Frequently Asked Questions About NJ Child Support and Alimony
Yes, absolutely. Under New Jersey law, every child has the right to financial support from both parents, regardless of whether the parents were ever married. If you were never married, we can file an application under the FD (Non-Dissolution) docket to establish paternity, calculate a formal child support award under the Guidelines, and secure court-ordered parenting time.
Yes. Many parents believe that if a child spends exactly 50% of their time at each house, child support is automatically set to $0. This is incorrect.
- If you earn similar incomes: If both parents earn roughly the same income and share custody 50/50, child support may indeed be set to $0 or a nominal amount.
- If there is an income disparity: If one parent earns significantly more than the other, the higher-earning parent will still be ordered to pay child support. This is to ensure the child does not experience a drastic drop in their standard of living when moving from the wealthier parent’s home to the other parent’s home.
Under New Jersey law, child support does not automatically terminate on a child’s 18th birthday. Instead, New Jersey child support automatically terminates when a child turns 19 years old, unless the custodial parent files a formal request showing that the child is still enrolled full-time in high school, is attending college full-time, or is physically or mentally disabled. In any case, child support cannot extend past the child’s 23rd birthday.
Yes. To modify an existing support order, you must prove to the court that there has been a “substantial and permanent change in circumstances.”
- Valid reasons for modification: This includes involuntary and extended job loss, a permanent and severe medical disability, the retirement of the paying spouse, or a major increase in the receiving parent’s income. Temporary financial struggles, temporary unemployment, or voluntary career changes do not qualify.
Child support is usually enforced in New Jersey through the Probation Division. If a parent falls into arrears, the Probation Department has massive powers. They can automatically garnish wages, intercept federal and state tax refunds, suspend driver’s licenses, report the debt to credit bureaus, freeze bank accounts, and even issue a warrant for arrest.
Secure Your Financial Future. Let’s Build a Clear Strategy.
Whether you need to establish a fair child support plan, negotiate a manageable alimony agreement, or file an emergency enforcement action to collect unpaid support, let our century of trusted legal experience work for you.
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