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Can My Ex Be Required to Pay for Child Therapy in NJ?
Parental separation can be an incredibly difficult and confusing time for children. If your child requires counseling or therapy following a divorce, you might be wondering whether your ex can be ordered to help cover the cost. Please continue reading to discover when a New Jersey family court can require a parent to contribute to their child’s therapy costs and how a determined Ocean County Child Support Attorney can assist you.
When Can a Court Require My Ex to Contribute to Therapy Costs in NJ?
First and foremost, it’s important to understand that family courts in New Jersey base all of their custody and support decisions on the best interests of the child. If therapy has been recommended by a doctor, psychologist, or other licensed professional to safeguard a child’s emotional well-being, whether they are dealing with depression, anxiety, or behavioral issues, the court may find that therapy is a necessary medical expense. In these cases, an NJ judge may order one or both parents to pay for the treatment.
It should be noted that when courts decide on therapeutic interventions, they typically require substantial evidence. Recommendations from licensed therapists, pediatricians, psychiatrists, or even school counselors are given considerable weight. A formal diagnosis or recommendation for counseling from a mental health professional often leads the court to classify therapy costs as a “mandatory add-on.” This is a crucial distinction, as “necessary” expenses are handled differently under the state’s child support guidelines compared to optional or discretionary costs.
How Are Therapy Costs Divided Between Parents?
If a judge determines that therapeutic intervention is necessary for a child, they will need to establish the financial responsibility for these services. It is a common misconception that such expenses are always divided equally between parents. However, court decisions rarely adhere to a strict 50/50 split. Instead, courts typically allocate these costs proportionally, taking into account each applicant’s income and overall discretionary resources. This ensures a child receives necessary care without creating undue financial hardship or fostering disputes between the parents.
Generally, if one parent’s income is substantially higher than the other’s, that parent may be ordered to contribute a significantly larger share of the therapy expenses. In situations where both parents have similar financial capacities and earn comparable incomes, the court can opt for a more even division of therapy costs.
If you are considering requesting therapy costs in New Jersey, please don’t hesitate to contact an attorney at The Law Offices of Sarina Gianna, LLC. Our legal team can help gather evidence that demonstrates why therapy is in your child’s best interests. We are prepared to argue for a fair division of expenses. Connect with our firm today to schedule a consultation.