NJSBA Family Law Section

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  • 1.  Calculation of Support With a Non-Parent Party as Guardian

    Posted 07-19-2017 05:10 PM
    Dear Listmates,

    Is anyone familiar with how child support should be calculated where a non-parent party has custody of the child?  Is it true that the non-party's income is not considered in calculation of guidelines support?  If so, then how is support calculated?

    Grateful for any insight or relevant case law you may have.

    Thank you.

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    The Davis Law Firm, LLC
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  • 2.  RE: Calculation of Support With a Non-Parent Party as Guardian

    Posted 07-19-2017 05:18 PM
    Appendix IX-A of the Rules of Court, section 16:

    "16. Child in the Custody of a Third Party. If the child is in the custody of a third party (e.g., an aunt, uncle, grandparent, foster parent), the court shall order both parents to pay their income shares of the sole parenting award to the third party for the benefit of the child."

    Basically, run the CS Guidelines with both parties' incomes as you would normally, but PPR's obligation is paid to the non-parent third party and PAR's obligation is also paid to the non-parent third party.  I don't recall if there is a specific way to handle overnights; when I ran these as a law clerk, I think we would just use no overnights.  

    Gregory Thomlison, Esq.
    Kerr & Thomlison, L.L.C.
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  • 3.  RE: Calculation of Support With a Non-Parent Party as Guardian

    Posted 07-19-2017 05:23 PM

    I think you're right, Greg.  No overnights because PAR is not enjoying overnights and, therefore, is not getting relief that the overnights are supposed to afford.

     

     

     

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  • 4.  RE: Calculation of Support With a Non-Parent Party as Guardian

    Posted 07-19-2017 05:59 PM
     Would you run the quidlines as if the parents had 50/50 parenting time?



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  • 5.  RE: Calculation of Support With a Non-Parent Party as Guardian

    Posted 07-19-2017 06:23 PM
    I would not run them as 50/50 because that would mean they would be sharing residential custody of the child(ren). If the 3rd party has residential custody, I don't see how the parents could have a 50/50 schedule (nor why they should receive the corresponding financial credit)



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  • 6.  RE: Calculation of Support With a Non-Parent Party as Guardian

    Posted 07-19-2017 07:28 PM
     Sorry if I sound confused. I am. If you don't run the two parents as 50-50 then wouldn't one parent be paying more than their proportionate share since neither of them has actual custody? 

     If you run the parents as if there is no parenting time between them  then the parent you are calling PPR Pays less than they should because it appears that they have the children all the time. Right?



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