NJSBA Family Law Section

I was recently retained by a grandparent who has sole custody of his granddaughter.  Court order provides that neither parent has custody.  His daughter (Mom) does not work, but lives with them and provides child care.  Father recently retained an attorney to modify support.  When calculating support, do I input a guidelines calculation for dad and grandfather only, or do I need to put mom in also?  It's been a while since I had a case with this type of custody arrangement, and I don't think I went by the guidelines at that time, so any assistance in how to calculate the correct payment would be appreciated.

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Lawrence Kroll Esq.
East Brunswick NJ
(732)613-8000

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Lawrence:  You can calculate the father's obligation fairly by placing the mother's information as custodial parent on the guidelines worksheet and father's as non-custodial parent.  That way, the father is not carrying the whole burden.  If mom is unemployed, then impute minimum wage, $290.00 a week.

Another way I have seen a judge use is to include the mother and father's combined gross income as the income of the non-custodial parent on the gudielines.  The custodial parent's income would be zero on the guidelines.  Then, the child support amount would be allocated to each parent as per the percentage of their income.  For example, suppose mom grosses $600 weekly and dad grosses $400 weekly.  Subtracting $234 for taxes from the combined $1000 leaves $766 available income, resulting in a combined obligation of $187 for one child.  The mother, earning 60% of the gross, would be responsible for $112 weekly child support and the father would be responsible for 40% or $75 weekly.  This really only works if there are no other deductions.

Under the first scenario, using the same figures and one deduction for each parent, dad's support obligation would be around $82 weekly.  So you're in a ball park under either scenario.
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Mitchell Steinhart, Esq.
Rochelle Park, NJ
(201)368-4207

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Original Message:
Sent: 05-01-2013 10:48
From: Lawrence Kroll
Subject: Child support for grandparent with custody

I was recently retained by a grandparent who has sole custody of his granddaughter.  Court order provides that neither parent has custody.  His daughter (Mom) does not work, but lives with them and provides child care.  Father recently retained an attorney to modify support.  When calculating support, do I input a guidelines calculation for dad and grandfather only, or do I need to put mom in also?  It's been a while since I had a case with this type of custody arrangement, and I don't think I went by the guidelines at that time, so any assistance in how to calculate the correct payment would be appreciated.

-------------------------------------------
Lawrence Kroll Esq.
East Brunswick NJ
(732)613-8000

-------------------------------------------

I'm on the run here, so I apologize for not having the time to utter a detailed response. That being said, IMO, there are multiple reasons that the presumptive Guidelines should not obtain in this case. This is a Statute case. As just one of many examples, entire consumption categories appear to be covered by the grandfather. Colaterally, it would be adverse to public policy, (IMO, but born out by analogy in some of the non-adoptive stepparent cases), to have grandpa's income directly taken into account in any mathmatical calculation. It would be discouraging to the generous well-intended to eclipse some of the support coming from an obligated parent by virtue of the rescuer's income.

For these and many other reasons, I would craft argument or negotiate with a keen eye on the child's best interests and statutory criteria. Hope this helps.

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

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Original Message:
Sent: 05-01-2013 11:58
From: Mitchell Steinhart
Subject: Child support for grandparent with custody

Lawrence:  You can calculate the father's obligation fairly by placing the mother's information as custodial parent on the guidelines worksheet and father's as non-custodial parent.  That way, the father is not carrying the whole burden.  If mom is unemployed, then impute minimum wage, $290.00 a week.

Another way I have seen a judge use is to include the mother and father's combined gross income as the income of the non-custodial parent on the gudielines.  The custodial parent's income would be zero on the guidelines.  Then, the child support amount would be allocated to each parent as per the percentage of their income.  For example, suppose mom grosses $600 weekly and dad grosses $400 weekly.  Subtracting $234 for taxes from the combined $1000 leaves $766 available income, resulting in a combined obligation of $187 for one child.  The mother, earning 60% of the gross, would be responsible for $112 weekly child support and the father would be responsible for 40% or $75 weekly.  This really only works if there are no other deductions.

Under the first scenario, using the same figures and one deduction for each parent, dad's support obligation would be around $82 weekly.  So you're in a ball park under either scenario.
-------------------------------------------
Mitchell Steinhart, Esq.
Rochelle Park, NJ
(201)368-4207

-------------------------------------------






Original Message:
Sent: 05-01-2013 10:48
From: Lawrence Kroll
Subject: Child support for grandparent with custody

I was recently retained by a grandparent who has sole custody of his granddaughter.  Court order provides that neither parent has custody.  His daughter (Mom) does not work, but lives with them and provides child care.  Father recently retained an attorney to modify support.  When calculating support, do I input a guidelines calculation for dad and grandfather only, or do I need to put mom in also?  It's been a while since I had a case with this type of custody arrangement, and I don't think I went by the guidelines at that time, so any assistance in how to calculate the correct payment would be appreciated.

-------------------------------------------
Lawrence Kroll Esq.
East Brunswick NJ
(732)613-8000

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Court Rules
Appendix IX-A: Considerations in Use of Child Support Guidelines

16. Child in the Custody of a Third Party - If the child is in the custody of a third party (e.g., grandparent), 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.

Wish you all the best,
Jessica

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Jessica N. Mazur Esq.
Hoagland, Longo, Moran, Dunst & Doukas
Wall Township, NJ
(732) 545-4717

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Original Message:
Sent: 05-01-2013 12:51
From: Curtis Romanowski
Subject: Child support for grandparent with custody

I'm on the run here, so I apologize for not having the time to utter a detailed response. That being said, IMO, there are multiple reasons that the presumptive Guidelines should not obtain in this case. This is a Statute case. As just one of many examples, entire consumption categories appear to be covered by the grandfather. Colaterally, it would be adverse to public policy, (IMO, but born out by analogy in some of the non-adoptive stepparent cases), to have grandpa's income directly taken into account in any mathmatical calculation. It would be discouraging to the generous well-intended to eclipse some of the support coming from an obligated parent by virtue of the rescuer's income.

For these and many other reasons, I would craft argument or negotiate with a keen eye on the child's best interests and statutory criteria. Hope this helps.

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

-------------------------------------------






Original Message:
Sent: 05-01-2013 11:58
From: Mitchell Steinhart
Subject: Child support for grandparent with custody

Lawrence:  You can calculate the father's obligation fairly by placing the mother's information as custodial parent on the guidelines worksheet and father's as non-custodial parent.  That way, the father is not carrying the whole burden.  If mom is unemployed, then impute minimum wage, $290.00 a week.

Another way I have seen a judge use is to include the mother and father's combined gross income as the income of the non-custodial parent on the gudielines.  The custodial parent's income would be zero on the guidelines.  Then, the child support amount would be allocated to each parent as per the percentage of their income.  For example, suppose mom grosses $600 weekly and dad grosses $400 weekly.  Subtracting $234 for taxes from the combined $1000 leaves $766 available income, resulting in a combined obligation of $187 for one child.  The mother, earning 60% of the gross, would be responsible for $112 weekly child support and the father would be responsible for 40% or $75 weekly.  This really only works if there are no other deductions.

Under the first scenario, using the same figures and one deduction for each parent, dad's support obligation would be around $82 weekly.  So you're in a ball park under either scenario.
-------------------------------------------
Mitchell Steinhart, Esq.
Rochelle Park, NJ
(201)368-4207

-------------------------------------------






Original Message:
Sent: 05-01-2013 10:48
From: Lawrence Kroll
Subject: Child support for grandparent with custody

I was recently retained by a grandparent who has sole custody of his granddaughter.  Court order provides that neither parent has custody.  His daughter (Mom) does not work, but lives with them and provides child care.  Father recently retained an attorney to modify support.  When calculating support, do I input a guidelines calculation for dad and grandfather only, or do I need to put mom in also?  It's been a while since I had a case with this type of custody arrangement, and I don't think I went by the guidelines at that time, so any assistance in how to calculate the correct payment would be appreciated.

-------------------------------------------
Lawrence Kroll Esq.
East Brunswick NJ
(732)613-8000

-------------------------------------------

I would agree with Jessica, except I do not believe this Guidelines provision anticipates one of the obligated parents actually living, expense-free perhaps, with the custodial grandpa. It's outside of the guidelines, IMO, for that and other assorted reasons. The Guidelines provision Jessica sites can be one of a few starting points to a Statutory analysis.

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

-------------------------------------------






Original Message:
Sent: 05-01-2013 13:01
From: Jessica Mazur
Subject: Child support for grandparent with custody

Court Rules
Appendix IX-A: Considerations in Use of Child Support Guidelines

16. Child in the Custody of a Third Party - If the child is in the custody of a third party (e.g., grandparent), 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.

Wish you all the best,
Jessica

-------------------------------------------
Jessica N. Mazur Esq.
Hoagland, Longo, Moran, Dunst & Doukas
Wall Township, NJ
(732) 545-4717

-------------------------------------------






Original Message:
Sent: 05-01-2013 12:51
From: Curtis Romanowski
Subject: Child support for grandparent with custody

I'm on the run here, so I apologize for not having the time to utter a detailed response. That being said, IMO, there are multiple reasons that the presumptive Guidelines should not obtain in this case. This is a Statute case. As just one of many examples, entire consumption categories appear to be covered by the grandfather. Colaterally, it would be adverse to public policy, (IMO, but born out by analogy in some of the non-adoptive stepparent cases), to have grandpa's income directly taken into account in any mathmatical calculation. It would be discouraging to the generous well-intended to eclipse some of the support coming from an obligated parent by virtue of the rescuer's income.

For these and many other reasons, I would craft argument or negotiate with a keen eye on the child's best interests and statutory criteria. Hope this helps.

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

-------------------------------------------






Original Message:
Sent: 05-01-2013 11:58
From: Mitchell Steinhart
Subject: Child support for grandparent with custody

Lawrence:  You can calculate the father's obligation fairly by placing the mother's information as custodial parent on the guidelines worksheet and father's as non-custodial parent.  That way, the father is not carrying the whole burden.  If mom is unemployed, then impute minimum wage, $290.00 a week.

Another way I have seen a judge use is to include the mother and father's combined gross income as the income of the non-custodial parent on the gudielines.  The custodial parent's income would be zero on the guidelines.  Then, the child support amount would be allocated to each parent as per the percentage of their income.  For example, suppose mom grosses $600 weekly and dad grosses $400 weekly.  Subtracting $234 for taxes from the combined $1000 leaves $766 available income, resulting in a combined obligation of $187 for one child.  The mother, earning 60% of the gross, would be responsible for $112 weekly child support and the father would be responsible for 40% or $75 weekly.  This really only works if there are no other deductions.

Under the first scenario, using the same figures and one deduction for each parent, dad's support obligation would be around $82 weekly.  So you're in a ball park under either scenario.
-------------------------------------------
Mitchell Steinhart, Esq.
Rochelle Park, NJ
(201)368-4207

-------------------------------------------






Original Message:
Sent: 05-01-2013 10:48
From: Lawrence Kroll
Subject: Child support for grandparent with custody

I was recently retained by a grandparent who has sole custody of his granddaughter.  Court order provides that neither parent has custody.  His daughter (Mom) does not work, but lives with them and provides child care.  Father recently retained an attorney to modify support.  When calculating support, do I input a guidelines calculation for dad and grandfather only, or do I need to put mom in also?  It's been a while since I had a case with this type of custody arrangement, and I don't think I went by the guidelines at that time, so any assistance in how to calculate the correct payment would be appreciated.

-------------------------------------------
Lawrence Kroll Esq.
East Brunswick NJ
(732)613-8000

-------------------------------------------

I agree with the prior post - the law / rule on it is:

http://www.judiciary.state.nj.us/csguide/app9a.pdf



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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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Original Message:
Sent: 05-01-2013 10:48
From: Lawrence Kroll
Subject: Child support for grandparent with custody

I was recently retained by a grandparent who has sole custody of his granddaughter.  Court order provides that neither parent has custody.  His daughter (Mom) does not work, but lives with them and provides child care.  Father recently retained an attorney to modify support.  When calculating support, do I input a guidelines calculation for dad and grandfather only, or do I need to put mom in also?  It's been a while since I had a case with this type of custody arrangement, and I don't think I went by the guidelines at that time, so any assistance in how to calculate the correct payment would be appreciated.

-------------------------------------------
Lawrence Kroll Esq.
East Brunswick NJ
(732)613-8000

-------------------------------------------