People often ask us if there will be child support if they have equally shared custody (oftentimes called a 50/50 arrangement), and if so, why do the children spend equal time with both parents?
There can be child support even in a 50/50 arrangement because while parenting time factors into child support, equal parenting time does not necessarily eliminate the obligation.
The seminal case on child support in 50/50 arrangements is Wunsch-Deffler v. Deffler, 406 N.J. Super. 505 (Ch. Div. 2009). Wunsch-Deffler child support calculations in New Jersey refer to a specific methodology for determining child support obligations recognizing that shared parenting arrangements can influence the financial dynamics of child-rearing. This ensures that the child support obligation reflects the actual circumstances of each family, promoting fairness and adequacy.
Specifically, the Wunsch-Deffler methodology involves an adjustment for controlled costs being equally paid by both parties. The Child Support Guidelines consider three (3) types of cost:
- Fixed costs are those incurred even when the child is not residing with the parent. Housing-related expenses (e.g., dwelling, utilities, household furnishings and household care items) are considered fixed costs.
- Variable costs are incurred only when the child is with the parent (i.e., they follow the child). This category includes transportation and food.
- Controlled costs over which the PPR, as the primary caretaker of the child, has direct control. This category includes clothing, personal care, entertainment, and miscellaneous expenses.
The Guidelines assume that controlled expenses are only incurred by the parent of primary residence (PPR). Accordingly, controlled expenses are apportioned between the parties based on their income shares, not in relation to time spent with the children. Because the Guidelines presume that the controlled costs are only incurred by the PPR, and not shared like they are in 50/50 shared custody cases where both parents incur controlled costs, the Guidelines cannot be applied “straight” without an adjustment for those costs that are equally incurred. This adjustment must be made to “back out” the 25% in “assumed” controlled expenses from the paying parent’s child support obligation that a “straight” Guidelines calculation would have them paying despite also incurring the controlled costs on their 50% of the time with the children. Otherwise the second parent is overpaying child support.
Understanding the Wunsch-Deffler child support calculation method in New Jersey is crucial for parents navigating the complexities of family law. It promotes transparency and consistency, ensuring that child support obligations are met in a manner that prioritizes the well-being of children while respecting the financial capabilities of both parents.
Julie Burick is a partner and shareholder with Adinolfi, Roberto & Burick in Mount Laurel, NJ. Julie has devoted her legal career to representing clients in their sensitive family law matters for 25 years. She is a Certified Matrimonial Lawyer by the Supreme Court of New Jersey and, as such, is seen as an expert in the field of matrimonial law.
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