In general, support lasts until the minor child reaches the age of legal emancipation, which is 19 years old in New Jersey. However, there are exceptions under the law when child support can continue past this age. There are also situations when it can end before the child’s 19th birthday.
Whether you pay or receive, an experienced family law attorney can advise you based on your unique circumstances when you might expect child support payments to stop.
WHEN CAN CHILD SUPPORT BE EXTENDED?
Child support can be extended for the following reasons:
- The child is still in high school.
- The child is attending college or vocational school full-time.
- There is a court order extending support.
- Parents have made an agreement extending support.
- The child is severely physically or mentally disabled and dependent on parents.
In most situations, support cannot extend beyond the child’s 23rd birthday. In the case of disability, support can go beyond this age if ordered by the court.
WHEN DOES CHILD SUPPORT STOP IF THE CHILD IS NOT YET 19?
Support can end before 19 years old in New Jersey if the child is legally emancipated, which can occur if they:
- Marry
- Join the military
- Become financially self-supporting.
Parents can file for emancipation of their child for purposes of stopping child support if they can show the child no longer requires financial support. Unless the other parent agrees, this will require going to court and providing evidence of the child’s financial independence to a judge. Child support will also end if the minor child passes away. When payments are made through the New Jersey Court’s Probation Division, it is up to parents to notify probation of these changes in their child’s status.
DOES CHILD SUPPORT AUTOMATICALLY TERMINATE?
If child support is paid through the New Jersey Court’s Probation Division, it terminates automatically upon the child’s 19th birthday, unless there is a support order giving a different age for support to end, as described in N.J.S.A. 2A:17-56.67. The Probation Division will send notices of the upcoming termination to both paying and receiving parents 180 days before support ends, and again at 90 days if a request for continuation hasn’t been received.
HOW DO I GET AN EXTENSION OF CHILD SUPPORT?
If you are the receiving parent and wish to continue support after getting a notice that termination is upcoming, you must file a request for continuation of support form in response to the notice. You will need to provide a valid reason with supporting documentation as to why continuing support is needed, and give the specific age of your child for whom you want it to continue.
You can file a request for continuation of support with the court at any time before the child’s 19th birthday. You do not have to wait to get a termination notice. Once you know that your child will still be in high school at 19 or is starting college full-time, you can file for a continuation. You will need to provide proof of the need for continuing payments, especially if the paying parent disputes your request.
An attorney with a background in handling child support cases can guide you through the steps of getting an extension and counsel you about what evidence is needed. If you are the paying parent and do not agree with continuing support, a lawyer can advise you as well.
IF THE TERMINATION DATE HAS PASSED, DO MISSED CHILD SUPPORT PAYMENTS STILL HAVE TO BE MADE?
Even if the termination date has passed, you are still owed support that should have been paid for your child and was not. Or if you are the paying parent who is behind on support, you must still pay the back money you owe. Both parents are required to financially support their minor children, and the obligation to pay past support does not disappear when support payments terminate.
There is no statute of limitations in New Jersey for collecting back child support, so if you are owed support from the past, you can still take steps to enforce payments.
MODIFYING CHILD SUPPORT PAYMENTS
The amount of child support payments are not set in stone. No matter how long your order says that payments must be made, the amount of payments can change—either up or down—if there is a significant change in the circumstances of either parent or of the child. Reasons that the court may agree to modify the amount of payments include substantial changes in circumstances and concerns that were not known about when the original order was put in place. Examples of substantial changes include:
- A significant change in either parent’s income, either increase or decrease
- A change in child custody arrangements or the number of overnights a parent has the child
- Serious illness of a parent or child
- A change in the child’s healthcare needs
- An increase or decrease of daycare costs.
These are just some of the possible reasons for modifying support payments. Once we learn what your reason is we will advise you about its viability.
CONTACT A NEW JERSEY CHILD SUPPORT ATTORNEY FOR KNOWLEDGEABLE ASSISTANCE
Child support issues can be complicated. Parents want to do right by their children, but they also do not want to be taken advantage of financially. With the assistance of an experienced attorney, you can help ensure that you receive the payments you need to care for your children, and if you are the paying parent, that you are treated fairly and do not pay too much in support or pay longer than is necessary.
[MFR] Men’s & Fathers’ Rights Divorce Lawyers are highly skilled at getting positive results for clients in all areas of divorce and family law, including when it comes to child support payments. We will ensure you understand your rights in this sensitive matter and will work vigorously in your interests and those of your children.
To speak with one of our attorneys in a confidential consultation, call our firm at (201) 880-9770.
