Articles in the ‘Child Support’ Category

Special Needs Trust and its Affect on Child Support

This appeal addresses the issue of whether creation of a special needs trust can justify the elimination of the obligation to pay child support to the primary residential parent of a special needs child. The Appellate Division concluded that while a party may utilize a special needs trust to take advantage of government programs to lessen the burden on the parent to provide support and medical assistance, the facts of this case do not support a concurrent application to eliminate child support.    Bond v. Bond, December 22, 2011

Business Loan Income and Child Support

When calculating child support the Appellate Division determined the Guidelines recognize that personal income from the operation of a business includes all income and potential cash flow resulting from loans taken from the business and should be captured when calculating personal income for Guideline analysis.  Rindner v. Bloir, New Jersey App. Div.,April 29, 2011

Cost of Living Adjustment and Child Support

Under New Jersey law child support is subject to periodic modification. One kind is biannual (every 2 years)  based on changes in the cost of living.  Another kind is triannual (every 3 years) based on altered economic circumstances.   Gallucci v. Gallucci, New Jersey App. Div., July 7, 2010

Applying the Child Support Guidelines

The trial court may have erred calculating child support by using the federal income tax definition of adjusted gross income rather than adjusted gross taxable income as directed by the New Jersey Child Support Guidelines.  Read the rest of this entry »