Emancipation
New Jersey has taken some recent steps pertaining to its laws regarding the obligations to pay child support until a child is 19 years of age. While a support obligation may be extended through a child’s 23rd birthday, the amount may be impacted. If a child is emancipated at the age of 18, parents may be free of paying support and/or college contribution.
A child can be considered emancipated if they meet one or more of the following criteria:
- A child joins the military;
- A child moves out of the parents’ home(s) and has no relationship with the parents;
- The child gets married;
- The child is self-sufficient; or
- The child does not pursue further education
If a parent seeks to emancipate their child, he/she would have to prove why that child is no longer dependent. A parent who wants to extend child support or have their child emancipated, may have to make a formal application with the Court. New Jersey will always act in the best interests of the child and determine whether the child should still be supported from his/her parents.
If you are a parent seeking to emancipate your child or protect your child’s needs for ongoing support, contact our firm today.
Termination Of Child Support
In February 2017, modifications were made by the New Jersey Legislature as to the length of a child support obligation based upon a child’s age. Under N.J.S.A. 2A:17-56.67, the obligation to pay child support terminates as an operation of law with an Order entered by the Court upon the following unless otherwise provided for in a Court Order Judgement:
- Child marries;
- Child dies;
- Child enters the military; or
- Child reaches the age of 19, unless:
Another age for the termination of the obligation to pay child support which is not to extend beyond the child reaching the age of 23, or request to the Court to extend the time because:
- Child is still enrolled in high school or other secondary education;
- Child is a student in a post-secondary education considered to be full time curriculum; or
- Child has a disability determined by a Federal or State agency
Additionally, a custodial parent may seek to extend the obligation to provide child support beyond age 19 due to exceptional circumstances. Should a Court extend the time to provide support beyond age 19, the Court’s order should reflect a prospective date to terminate child support. An obligor paying child support may seek to challenge a support determination beyond 19. Should support be paid through the probation department of the Superior Court, a minimum of two notices are released to address the termination of support at 19 (180/90 day notification). As of age 23, support must terminate by operation of law.
Should you be seeking to extend support for your child after age 19 or terminate support after age 19, Brick Law can help.