Understanding Child Custody in New Jersey: Key Factors Courts Consider
Child support is meant to ensure that, even when parents are no longer together, their child continues to have the financial resources he or she needs. Of course, children eventually grow older, finish school, begin working, and become more independent, which is why parents often wonder when their child support obligation will officially come to an end. Though many people assume child support automatically stops once a child turns 18, this is not necessarily the case. Instead, the duration of support will depend on the child’s age, education, health, financial independence, and several other circumstances. Continue reading and reach out to an experienced Atlantic County family lawyer from the Law Office of Stephanie Albrecht-Pedrick, LLC to learn more about how long child support lasts in New Jersey. Here are some of the questions you may have:
When Does Child Support Normally End in New Jersey?
Generally, child support in New Jersey will automatically terminate when a child reaches the age of 19. That being said, age 19 is simply the standard termination point, and it does not mean that every child support obligation will end on the child’s nineteenth birthday.
Unless otherwise provided in a court order, judgment, or existing agreement, child support may also terminate when a child:
- Gets married
- Passes away
- Enters military service
- Becomes emancipated before reaching the age of 19
Essentially, emancipation means that a child has moved beyond the sphere of parental influence and is capable of living independently. Rather importantly, a child is not automatically considered emancipated simply because he or she has turned 18. Instead, New Jersey courts may analyze where the child lives, whether the child is attending school, whether he or she is employed, the child’s financial independence, and any other factor that may help demonstrate whether parental support is still necessary.
Parents should also understand that terminating current child support does not eliminate unpaid child support. If arrears accumulated while the support order was still in effect, the paying parent will generally remain responsible for paying the outstanding balance.
When Can Child Support Continue Beyond Age 19?
Though child support will normally terminate at age 19, there are several circumstances that may warrant extending it. According to the New Jersey Courts, child support may ordinarily continue until age 23 when a child remains financially dependent on his or her parents. Some of the most common reasons for extending child support are as follows:
- The child is still attending high school: Support may continue when a child remains enrolled in high school or another secondary educational program.
- The child is pursuing higher education: A child who is enrolled full-time in college, graduate school, vocational school, or another post-secondary program may still qualify for support.
- The child has a disability: A physical or mental condition that existed before age 19 and creates an ongoing need for financial support may justify an extension.
- Exceptional circumstances exist: The court may continue support when other unusual circumstances establish that it is still necessary.
- A court order establishes another date: An existing judgment or agreement may specify that child support will terminate after age 19.
Generally, child support will end no later than the child’s twenty-third birthday. However, if a severe physical or mental incapacity causes an adult child to remain financially dependent on a parent, support may continue beyond age 23. In this situation, the obligation may remain in effect until the court determines that the incapacity has ended or that the child is no longer financially dependent.
How Can a Parent Extend or Terminate Child Support?
If a child support case is administered through the Probation Division, both parents should receive advance notice before the obligation is scheduled to terminate. A parent who believes support should continue must respond and provide documentation demonstrating why an extension is warranted. Some types of relevant documentation may include the following:
- School enrollment records
- Current course schedules
- Expected graduation dates
- Medical records
- Disability determinations
- Proof of continued financial dependence
- The existing divorce judgment or settlement agreement
On the other hand, a paying parent who believes the child has become emancipated may file an application asking the court to terminate or modify the support obligation. Simply stopping payments without first confirming that support has legally ended can result in arrears, enforcement proceedings, and additional financial consequences.
Ultimately, whether child support should continue or terminate will depend heavily on the child’s circumstances and the language contained in the existing court order. Here at the Law Office of Stephanie Albrecht-Pedrick, LLC, we can review the order, determine how the law applies, and help you pursue an appropriate termination, extension, or modification of child support.
If you have additional questions, or you’d like to speak with an attorney about your case, please don’t hesitate to contact the Law Office of Stephanie Albrecht-Pedrick, LLC today.
