When Does Child Support End in New Jersey?
By harper |Whether your child has reached the age of majority, graduated from college, or you have experienced a major life change, you may wonder when your child support payments will end. In New Jersey, the Court considers several factors when modifying or terminating this financial obligation.
The experienced family law attorneys at Moskowitz Law Group can help you learn the specific legal scenarios and circumstances regarding termination of child support.
Predefined Emancipation Events
Under New Jersey law, parents’ legal duty to financially support their children ends when a child is emancipated. In simple terms, a child is emancipated under the law when they move beyond the sphere of influence of their parents. This is a fact-sensitive and potentially complicated determination if it is left to the Court. Thus, many parents elect to predefine in writing events where their children will be considered emancipated, and child support no longer has to be paid. Common predefined emancipation events include a child graduating from high school and entering the workforce, graduation from college, dropping out of college, getting married, or entering the military.
When Your Child Turns 19
If parents have not predefined specific emancipation events, the Court will apply New Jersey law to determine when child support should end.
While turning 18 years old does provide your child with newfound freedoms, like the ability to vote, get married without permission, and join the military, it does not automatically terminate child support in New Jersey. This financial obligation automatically y ends when your child turns 19, unless they are deemed emancipated prior to turning 19.
However, support can be extended beyond age 19 in certain circumstances, such as enrollment in a full-time college or a vocational program or a child otherwise not having escaped the sphere of influence of their parents. Additionally, if your child has a severe mental or physical disability, child support payments may also continue past 19. Child support cannot be paid for a child who has turned 23. If a child has a severe mental or physical disability that makes them dependent on a parent, a parent can request the Court to compel the other parent to continue to financially support the child; however, such payments are called financial maintenance, rather than child support.
When Your Child Gets Married
Child support stops without the need for a court order when a child gets married. A child is considered legally emancipated once they marry, which terminates a parent’s financial and support obligations, even if they are only 18 years old.
Importantly, if your child support order covers multiple children, the order will not automatically adjust to a reduced obligation for the remaining, unmarried children. In this case, you must file a formal request to recalculate and modify the support amount for your other children.
When Your Child Enters Military Service
Your support payments also end when your child enters active military service, even if they are only 18. Joining the armed forces legally emancipates the child, similar to marriage. Once the State is able to verify their enlistment, the Court will prepare and issue an order formally terminating future child support obligations. However, if you have any accumulated back pay before the enlistment date, that balance remains legally due and enforceable. This is also true in the case of any kind of emancipation event
When Will Your Child Support Obligation End?
While child support may end automatically by operation of law in certain cases, payments do not simply terminate on their own in other cases if a child support agency is collecting the child support for the other parent and the child has yet to turn 19, or if child support has been continued beyond 19. In such a case, the Court or child support collection agency must be requested to terminate it. For example, you must officially notify the New Jersey Probation Division of a child’s marriage or military service, so they can confirm the event and process an order to terminate the support obligation and stop collecting child support for the parent receiving the payments.
To understand how these laws specifically apply to your case, reach out to an experienced Moskowitz Law Group family law lawyer for guidance. It is quick and easy to schedule a consultation with our team. So do not wait to get your child support questions answered by an experienced attorney you can trust.