Child Support for an Adult Child with Disabilities

Typically, a divorced parent who does not have full-time custody regularly pays their ex-spouse support for their children—typically calculated based on the income of each parent and the custody sharing agreement—on a monthly basis. Child support is usually paid until a child is emancipated, but disabled children are entitled to child support until their 23rd birthday in New Jersey.

If your spouse is refusing to pay child support, you may need to take legal action, especially if your child is a legal adult with a significant disability. The option most usually available to parents who are owed child support is to have your spouse held in contempt of court, on the basis that your ex-spouse has been non-compliant with the court’s previous orders and owes a duty to your children. If the court holds your ex-spouse in contempt, they may be given a period of time to pay their arrears or face jail time.

For disabled adult children, the child or their parent may apply to convert the child support to ongoing support from the non-custodial parent, which is called financial maintenance. While child support is usually collected and enforced through Probation in New Jersey, financial maintenance cannot be either enforced nor collected through Probation. If a disabled adult child has been declared incapacitated by a court, a motion to convert child support to financial maintenance could be filed in New Jersey Superior Court.

An experienced child support lawyer could help you fight for child support that is in arrears, pursue an extension due to your child’s disability, and plan for potential financial support. Reach out to the attorneys at Moskowitz Law Group, LLC today to schedule your case evaluation.

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