What Expenses Fall Outside Of The Child Support Guidelines?
The Child Support Guidelines cover a comprehensive list of expenses that are listed in Paragraph 8, Appendix IX-A of the New Jersey Court Rules. However, this comprehensive list does not cover many other expenses that are often incurred by a parent for a child covered by a child support award. In these cases, paragraph 9, Appendix IX-A of the New Jersey Court Rules provides the following list of large or variable expenditures that fall outside of the Child Support Guidelines, but can be added to the basic child support guideline award, if incurred.
Child-Care Expenses: The average cost of work-related child care, including day-camp in lieu of child care is an expense that is not included in the Child Support Guidelines. The net cost of this should be added to the basic child support award if incurred by parents.
Health Insurance for the Child: A parent’s cost of adding a child to his/her health insurance policy is not included in the Child Support Guidelines and should be added to the basic child support award if incurred.
Unreimbursed Health Care Expenses in Excess of $250 Per Child Per Year: Generally, unreimbursed health care expenses in excess of $250 per child per year is not included in the Child Support Guidelines. However, if the unreimbursed health care expenses are predictable and recurring, these expenses should be added to the basic child support award. If the unreimbursed health care expense in excess of $250 for a child is not predictable and recurring, then that cost should be shared by the child’s parents in proportion to their relative incomes.
Other Expenses Approved by the Court: Extraordinary expenses (i.e. expenses that are predictable and recurring, but may not be incurred by the average or intact families) such a private elementary or secondary education, special needs of gifted or disabled children, and visitation transportation expenses, can be added to a basic child support award, but can only be done with the approval of the Court. On the other hand, special expenses that are not predictable or recurring should be shared by the child’s parents in proportion to their relative incomes. The sharing of these expenses should be addressed in a Court Order, the parties’ Final Judgment of Divorce, or in the parties’ settlement agreement.
Determining whether an expense incurred for a child is covered by the child support guidelines or can be added to the existing child support obligation can often be confusing. For questions regarding whether an expense incurred on behalf of a child can be added to a child support award, or any other family law related issue, please contact the attorneys of Ulrichsen Rosen & Freed LLC. Our firm is focused exclusively on the practice of family law and serves clients throughout New Jersey including clients residing in Mercer County, Somerset County, Hunterdon County, Burlington County and Middlesex County.
