Is Daycare Included in Child Support in New Jersey?

Reviewed by Mark P. McAuliffe

In New Jersey, child support covers a child’s basic living needs, healthcare, and educational expenses, which often include daycare costs and a limited contribution toward braces or future expenses. Generally, child support obligations automatically terminate when the child reaches the default emancipation age of 19, though extensions up to age 23 apply if the child is a full-time student or has specific disabilities.

As a single parent post-divorce, it is rather likely that you are also a working parent. With this, you may not have any nearby family who can care for your child during your working hours. Plus, you may be unable to move closer to said family due to your child custody arrangement in place. This means that you likely have to send your young child to daycare, which evidently costs money. Read on to discover whether daycare is included in an order and how a seasoned Bergen County child support attorney at McNerney & McAuliffe can fight on your behalf for fair and just payments.

Is daycare included in a child support order by the state of New Jersey?

Firstly, a daycare is a safe and nurturing environment that is supervised by early childhood educators, where your child can stay while you are at work. This may be the ideal place to send your child until they are old enough to be enrolled in a kindergarten program (i.e., 5 years old). With that being said, the child support payments you receive may serve as a vital financial source for your child’s educational needs, and enrolling your child in a daycare program may work to fulfill these needs.

Your former spouse (i.e., noncustodial parent) may argue against having to pay for your child’s daycare by claiming that this is not considered an educational program. With this, you may counter that the program offers an academic foundation for your child, where they have the opportunity to learn and practice social skills, emotional skills, problem-solving skills, etc. Or, your former spouse may argue that hiring a nanny would be a more cost-effective option. With this, you may again point to the benefits of having your child socially interact in a daycare environment.

What other factors are considered for a child support order?

As your child gets older, child support payments to cover daycare costs may transition to elementary, high school, and even college tuition costs. This is in addition to the cost of after-school programs, extracurricular activities, school supplies, and any other education-related expenses. What’s more, the New Jersey family court may also consider specific fundamental living costs when deciding on a fair and just child support order.

Core Child Support Factors in NJ

• Basic living expenses for the child:
  • Housing (i.e., rent/mortgage payments, utility payments, etc).
  • Clothing (i.e., school uniforms, sports uniforms, everyday streetwear, etc).
  • Food (i.e., breakfast, lunch, dinner, and snack foods; especially if your child has special dietary needs).
• Medical and healthcare expenses for the child:
  • Medical care (i.e., insurance premiums, co-pays, deductibles, etc).
  • Prescription medications for serious diagnoses and over-the-counter treatments for common illnesses.

Does Child Support Cover Braces and Extraordinary Medical Expenses?

It’s important to understand that basic healthcare is already considered in standard child support calculations in New Jersey. However, more considerable health needs, like braces or other orthodontic work, will require an analysis of the existing support agreement or filing a petition with the appropriate New Jersey Family Court to seek a modification.

The $250 Annual Threshold and Unreimbursed Expenses

• The $250 Rule: In accordance with New Jersey Child Support Guidelines a parent receiving child support is expected to pay up to $250 per year per child for unreimbursed medical or dental expenses
• Exceeding the Cap: Braces often exceed this threshold, meaning the custodial parent must refer to the current support arrangement to determine who is ultimately responsible for this balance.
• Court Evaluations: If no clause was included in the initial support order, the court will consider the financial circumstances of each parent to divide the outstanding balance fairly.
• Medical Necessity: In order for the non-custodial parent to contribute to these costs, you must show a prescription for the dental work or have an orthodontist explain the medical necessity of the braces
• Financial Documentation: Parents are required to provide detailed proof of income and earnings, household expenses, and prior medical bills to set a baseline for contributions

How Does the New Jersey Family Court Rule on Future Expenses?

It’s important to understand that, in New Jersey, flexible provisions are often utilized by the courts when determining the future needs of a child. This differs from other jurisdictions, which may utilize strict “looking-forward” mandates to determine the future financial needs of the child.

Examples of Future Expenses and Judicial Discretion

• Future Educational Costs: These include tuition for private elementary schools, high schools, accredited trade programs, or college, alongside SAT preparation and tutoring.
• Future Medical and Mental Care: Long-term care costs can include potential orthodontic needs or therapy in the event a child struggles with their mental health
• Future Extracurricular Activities: Courts may consider the cost of registration fees for extracurriculars, sports equipment, sleep-away camp costs, and after-school clubs.
• Judicial Hesitancy: These financial milestones cannot be predicted with full certainty (such as a child choosing not to go to college and opting for a different route), so courts often seek to address these matters through post-divorce modifications.

When Does the Child Support Obligation Officially Terminate?

It’s important to understand the legal timeline of child support, including when it is terminated. This can help both parents avoid hefty legal fees or penalties in the event of an accidental violation. 

The most important thing to consider, however, is that the age of emancipation in New Jersey is 19. This means your child support obligations will continue until the child’s 19th birthday, unless an exception is made. Many parents assume they can stop making support payments on the child’s 18th birthday, which is untrue, and may lead to unintentional consequences.

The Default Emancipation Age and Extensions Up to Age 23

• The Default Age: Under New Jersey law (NJ Rev Stat § 2A:17-56.67), the default age of child support termination and emancipation is 19.
• Higher Education Extension: If the child chooses to attend college or other post-high school education as a full-time student, the custodial parent may petition the court to extend child support until the child’s 23rd birthday or their graduation, whichever comes first
• Special Circumstances: If the child has severe special needs, child support may continue past their 19th birthday

Grounds for Early Termination and Post-Judgment Modifications

In some instances, child support obligations may be terminated before a child’s 19th birthday.

• Early Emancipation Triggers: Child support obligations may end early in the event the child becomes fully financially independent, gets married, or enlists in military service
• Valid Modification Requests: Parents can file a motion with the New Jersey Superior Court, Family Division for Bergen County to alter payments due to an involuntary loss of employment, disability, or changes in custody.
• Exclusions for Hardship: Child support modifications are typically not granted when a parent is voluntarily unemployed or is terminated due to a violation of company policy or other gross misconduct.
• The Anti-Retroactive Rule: Parents are required to make child support payments, even when a modification request has been made. Until the court grants a modification, child support payments must continue as usual, as stopping without a court order will result in the accumulation of illegal arrears.

Contact an Experienced Family Law Attorney Today

At the end of the day, your fight for child support requires a competent Bergen County family law attorney in your corner. In the event your circumstances change in Hackensack, Paramus, or the surrounding area, please seek the sound advice of a skilled family law firm. Someone at McNerney & McAuliffe will stand by your side at a moment’s notice to facilitate this tedious process and present the necessary financial evidence. Please get in touch with us at McNerney & McAuliffe today.