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I just got 75/25 joint legal custody - I have primary physical and the mother has visitation whom lives in Florida and I in NJ.

Jersey City, NJ |

How does child support play out in this case? I have a total 275 days with our son and the mother 90.

Attorney Answers 3

  1. Legal custody is the decision making (such as choice of school, medical treatment, religion, etc.) I don't understand how you have 75/25 "joint legal custody." Do you mean you have 75/25 physical custody? If yes, the number of overnights with the non-custodial parent is included in the child support calculation. In NJ, child support is calculated under the NJ Child Support Guidelines ( it is a software used by the judge's law clerk for purposes of determining the child support amount). Judges have the discretion to "go off guidelines" but this is rare and usually done in high income cases. Good luck!

    This answer is for informational purposes only and should not be construed as legal advice.

  2. There are various child support calculators that calculate child support in accordance with the New Jersey Guidelines. The amount of parenting time, will give your spouse a credit off child support. The number that will be generated, as weekly support is a presumptive number, and under certain circumstances can be challenged. I would speak with an attorney to make sure that you are getting the credits you are entitled to (such as day care costs, medical insurance costs), additional contribution, such as contribution to extra curricular activities, life insurance to secure the child support obligation, medical coverage, etc.

    This office does not represent you. This email does not form any attorney / client relationship. In order to form an attorney client relationship with our office, our office requires both a signed retainer and payment of any initial fee. Further, since we have very limited facts relative to your matter, you should not rely on any of the general advice set forth within our answer. I would strongly recommend that you speak with counsel regarding your issue.

  3. You say you "just got" a custody determination, and if I had to guess, I would assume it is joint legal custody with you have parenting time 75% of the time and the mother has a 25% time share. Didn't the judge address child support when the custody determination was made? If not, you need to file a motion for child support , which will take into consideration your respective incomes and the parenting time split, among other things.

    This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.

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