Not sure how child support obligations are calculated? You may want to take a look at our brief summary. New Jersey Court Rule 5:6A sets forth the Child Support Guidelines. Although they are intended to offer insight regarding establishment or modification of child support, they are not the end all. For instance, what if your child is considered “gifted”?
Child Support Guidelines are just as the name implies. They are recommendations based on a variety of factors. Among them are the parent’s joint income, as well as the number of children and their ages. This information is then proportionately allocated based on each parent’s income. The goal is to ensure that children continuously receive fair support from both parents.
Most parents encourage their children to engage in some form of extracurricular activity. After all, it’s a means of expanding their horizons and keeping busy. Many non-custodial parents expect that the fees associated with music lessons and sports will be included in their child support payments. However, what happens when the child is gifted and has extraordinary needs?
Deviation from Child Support Guidelines
A recent trial court decision dealt with this very issue. In this case, the parents were already divorced for seven years. At the time of the court hearing, their only daughter was thirteen and referred to as Julie in court papers. Julie’s mother is the custodial parent and receives $113 weekly in child support payments. This amount was determined in accordance with the Child Support Guidelines. Notwithstanding, the mom has returned to court to request additional money.
It seems that Julie is dead set on pursuing an acting career. The court determined this not only by evidence submitted by the mother, but also by a personal interview with the teenager. Julie’s mom offered the expenses associated with such a venture. Among those cited were “clothes, travel, make-up, dues, coaching, and other ancillary expenses directly relating to theatrical participation.” Although Mom hoped that her ex could help defray the costs, he took the position that he was already providing his share in his weekly support payments.
The law does allow the court to deviate from the Child Support Guidelines in unique circumstances. In this case, the judge decided that this should include when a child is considered “gifted” in a particular field or discipline. Logically, this should apply to children who have demonstrated an “aptitude, abilities and/or achievements in either (A) academics; (B) athletics; (C) technology, or (D) the arts, although other categories and areas of focus may apply.”
The court acknowledged that the cost for a gifted child might be burdensome to the custodial parent. However, even if the child is gifted, the non-custodial parent cannot be compelled to contribute additional money unless there is demonstrated financial ability.
We mentioned that the trial judge actually met with Julie regarding her intentions to become part of the theater community. She left a strong impression with the court regarding her drive and dedication. In fact, the judge referred to Julie as one of the most “committed children” the court had ever met in years. Both parents were also supportive of Julie’s acting ambitions.
Julie is involved in other extracurricular activities, which the judge agreed fit into the father’s current child support obligations. The court gave much consideration as to whether Julie’s dedication to the theater made her gifted. After all, art itself can be subjective.
In the end, Julie’s father was court ordered to pay a nominal increase in child support to help defray the costs associated with his daughter’s acting pursuit. This was done outside the Child Support Guidelines and not intended to put enormous financial stress on the father.
This decision is an interesting one and certainly a good read for any parent whose child may be gifted. The court emphasized that it was not just that a child “liked” a particular activity. It was that she “demonstrate(d) an enormous and highly impressive commitment” to it.
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Have questions about child support? At the Law Offices of Sam Stoia, we can help you whether you need initial help or assistance in modifying an existing award. All first meetings are complimentary. Contact us to see how we can assist you.