Shared Parenting and the 28% Rule in New Jersey
When the alternate parent has 28% or more of overnights, New Jersey adds that parent’s time-adjusted fixed costs to the basic award, credits the variable costs of his or her time and divides the result by income share, then tests the primary household’s income.
When the shared worksheet applies
The Shared-Parenting Worksheet is used if the Parent of Alternate Residence (PAR) has the child for the substantial equivalent of two or more overnights per week, 28% of overnights, excluding extended time such as vacations, and has shown that separate living accommodations for the child are provided in the alternate household. The parent with more than 50% of overnights is the Parent of Primary Residence (PPR) (Appendix IX-B).
Fixed and variable costs
Fixed costs (housing and household items) are assumed to be 38% of the basic award, and the PPR keeps all of them. The PAR is assumed to have 2 times his or her share of overnights times the PPR’s fixed costs, which is added to the basic award to get the shared-parenting basic amount. Variable costs (food and transportation) are 37% of the basic award, and the PAR’s time share of them is subtracted from his or her share.
An example
Two children, the same incomes as in the worked example, and 146 overnights with the higher earner:
| Step | Weekly amount |
|---|---|
| Basic award for two children at $2,380 combined net (line 8) | $524 |
| Overnights of the parent of alternate residence: 146 (40%) (line 10) | 0.40 |
| Fixed expenses: $524 × 38% × 2 × 0.40 (line 11) | $159 |
| Shared-parenting basic amount (line 12) | $683 |
| Alternate parent’s 62% share (line 13) | $423 |
| Less fixed expenses and variable expenses of $524 × 37% × 0.40 (lines 11 and 14) | $159 and $78 |
| Weekly order (line 29) | $186 |
Supplemental expenses are shared by income share, not by time.
The negative obligation
If the PPR earns more and time is nearly equal, the PAR’s net obligation can be negative; the PPR then pays the absolute amount to the PAR. The self-support reserve is tested using the PPR as the obligor, and the PPR gets priority.
The primary household income test
The PPR’s net income, plus the net income of other adults in the household and the PAR’s order, must exceed the PPR household threshold, 2.0 times the poverty guideline for the number of persons: for 2026 about $832 a week for two, $1,051 for three and $1,269 for four. If it does not, the award is recalculated on the Sole-Parenting Worksheet. In the example it is $1,083 against $1,051, so the shared order stands.
Questions to bring to an attorney
Ask whether the alternate parent qualifies for the shared worksheet and how the household income test applies.
Overnights
Overnights are regular overnights the child spends with each parent in a year; vacations and holidays with the PAR do not count toward the 28%.
Frequently asked questions
What is the 28% rule in New Jersey child support?
A parent with the child for the substantial equivalent of two or more overnights a week (28%) is a shared-parenting parent, and the shared worksheet is used.
What are fixed and variable expenses in New Jersey shared parenting?
Fixed expenses are housing-type costs, 38% of the basic award; variable expenses are food and transportation, 37%.
Can the primary parent owe support in New Jersey shared parenting?
Yes, if the primary parent earns more and time is near equal, the alternate parent's net obligation is negative and the primary parent pays.
What is the New Jersey primary household income threshold?
2.0 times the poverty guideline for the persons in the household, about $832 a week for two people in 2026.
Do vacations count as overnights in New Jersey?
No. Vacations and holidays with the alternate parent do not count in determining shared parenting.
Official sources
- Appendix IX-B: use of the child support guidelines (sole and shared parenting)
- Appendix IX-F: Schedule of Child Support Awards (effective September 1, 2025)
- Appendix IX-H: combined tax withholding tables
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New Jersey statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New Jersey attorney.