Alimony and child support, although similar in that they are both designed to fairly divide marital money to save the
parties and their children from economic disaster, are calculated differently and serve different purposes. No matter
what the outcome, both parties will probably need to make substantial adjustments to their way of life to succeed post-divorce.
How much child support is required?
If your marriage did not yield children, move to the next section. Child support is calculated based upon guidelines
set up under the New Jersey Rules of Court. Support may vary for families below the poverty level or with gross earnings
above $150,800. Shared parenting kicks in when the non-custodial parent (the one the kids don't live with--usually the
Dad) takes the kids overnight more than 103 days a year. Support is affected by the number of children, the ages of
the children, children of previous marriages (or relationships) that need support, by whether the custodial-parent (the one
the kids do live with--usually the Mom) works and pays for day-care, which parent pays health insurance for the kids, etc.
There is more to it than just "who earns the most." To make matters even more confusing, if a Mom gets alimony, that
counts as income, and may serve to lower the child support Dad has to pay.
How much alimony is required?
Alimony is calculated based on statutory criteria, set up by our legislature, which are wide open to judicial interpretation.
In other words--the outcome is much harder to predict than child support. Here are the factors:
-need and ability of parties to pay
-length of marriage (the longer it was, the better the chances
for alimony)
-age and health
-lifestyle during the marriage
-ability of the parties to earn based
on education and employability
-if one parent gave up working for sake of the marriage
-training needed
to reenter the workforce and future potential to earn
-contributions of each person to the marriage (financial and
non-financial)
-how the property of the marriage was divided
-anything else you can convince (or that) the
Court (chooses) to consider
Disclaimer: This information is provided as a service to you. Advice of an attorney licensed to practice law
in New Jersey should be sought before attempting to rely on these materials.