NJSBA Family Law Section

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  • 1.  Affect of Child Turning 12 on the Guidelines

    Posted 02-03-2016 05:08 PM

    Hello listmates,

    An esteemed colleague and I are trying to wrap up a matter and we have a difference of opinion as to what, if anything, should be done on the guidelines worksheet when a child crosses the year 12 hurdle. 

    Facts:

    Parties divorced in 2011 and both children were under the age of 12 when initial worksheet was entered.  A few months ago, PAR received a promotion which provided a substantial increase in earnings. 

    One of the parties' two children just turned 12

    Do we ~  

    A) Check the box on the worksheet giving PPR the increase

    B) Leave the box unchecked and no increase going forward

    Colleague and I would appreciate any thoughts and thank you in advance for your input.

    Regards,

    Eric

    ------------------------------
    Eric Hannum Esq.
    Jackson NJ
    (732)370-9596
    ------------------------------


  • 2.  RE: Affect of Child Turning 12 on the Guidelines

    Posted 02-03-2016 05:10 PM
    The age 12 bump/increase only applies if the child is age 12 or over when the initial child support obligation is calculated.  Under your circumstances, the bump-up does not apply.


    Gregory Thomlison, Esq.
    Kerr & Thomlison, L.L.C.
    650 Washington St.
    Suite 1C
    Toms River, NJ 08753
    Ph. (732) 736-8100

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  • 3.  RE: Affect of Child Turning 12 on the Guidelines

    Posted 02-03-2016 05:13 PM

    You don't get the bump up.  The age of the children at the time of the initial support award determines whether the enhanced support goes into effect. After that date, no amplified support is warranted when the kids age up.

     

    Lisa M. Radell, Esq.

    207 South Main Street

    Cape May Court House, NJ 08210

    Tel (609) 465-9910

    Fax (609) 465-9920

     




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  • 4.  RE: Affect of Child Turning 12 on the Guidelines

    Posted 02-03-2016 05:14 PM

    From the New Jersey Child Support Guidelines (Appendix IX-A):

     

    17. Adjustments for the Age of the Children

    The child support schedules are based on child-rearing expenditures averaged across the entire age range of zero through 17 years (total expenditures divided by 18 years). This averaging means that awards for younger children are slightly overstated due to the higher level of expenditures for older children. If an award is entered while the child is very young and continues through age 18, the net effect is negligible. However, initial awards for children in their teens are underestimated by the averaging and should be adjusted upward to compensate for this effect. . . .

     

    Only check the box if the children are over the age of 12 when the initial child support award is established.

     

    Mariann C. Murphy, Esq.

    Law Office of Peter J. Laemers
    97 Main Street
    Newton, New Jersey 07860
    Office 973-383-7600
    Fax 973-383-0205


     




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  • 5.  RE: Affect of Child Turning 12 on the Guidelines

    Posted 02-03-2016 05:23 PM

    Hi, Eric!

    No correction needed. Correction only relevant when child is 12 or older at the time the first child support order is entered. Theory is that recipient parents receive a windfall of sorts when younger children are receiving the full amount as children 12 or older are receiving, who are far greater consumers.

    That being said, this is a gross and relatively arbitrary heuristic, when taking into account, for instance, that some children are newborns when the first child support order is entered and that others are 11 years 362 days (conceptually) when the first award is entered.

    It's a rebuttable presumption, just like the rest of the Guidelines. Sometimes, there are very good cases for digressing from this approach. Thanks! It is possible to convince a judge that the child support be lower when the initial award is for a newborn/toddler to employ a reverse bump, of sorts, under the right set of circumstances and particularly where money is very tight for the payor. Food for thought.

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585

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  • 6.  RE: Affect of Child Turning 12 on the Guidelines

    Posted 02-04-2016 10:28 AM
    I recall having this come up in a case and the judge indicated that the award for younger children assumes cost of living increases were implemented over time.  If there were no COL adjustments before 12 then it might be appropriate to add the 14.6%

    Amy Wechsler

    Sent from my iPad



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  • 7.  RE: Affect of Child Turning 12 on the Guidelines

    Posted 02-03-2016 05:36 PM

    See page 20, paragraph 17 of Appendix IX-A to the guidelines. RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY

    If the initial award is entered when the child is 12, that order and all subsequent orders are adjusted upward by 14.6%.

    ------------------------------
    Jessica N. Mazur, Esq.
    Hoagland, Longo, Moran, Dunst & Doukas, LLP
    Partner
    Certified by the NJ Supreme Court as a Matrimonial Law Attorney
    Wall, NJ
    732-545-4717
    [email protected]

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  • 8.  RE: Affect of Child Turning 12 on the Guidelines

    Posted 02-03-2016 06:43 PM
    Agreed - only bump if child is under 12. Also have used Curtis' idea when resolving the issue.

    Do we actually have a room full of lawyers who all agree on a question? Uncanny.


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  • 9.  RE: Affect of Child Turning 12 on the Guidelines

    Posted 02-04-2016 08:46 AM
    But what if the initial order is entered when child is eleven and then subsequent order is entered when child is 14? 
     
     
     


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