Ending Child Support Payments in New Jersey
Child support is for the wellbeing of the child, financially providing for their best interests. However, these payments may continue for a long time at great expense. Many parents wonder if they have any options for ending child support payment in New Jersey. While there are not many ways to end child support until the child becomes emancipated, you may find it helpful to consult a dedicated local child support attorney about your potential options.
Emancipation for Terminating a Child Support Agreement
The most common way that child support agreements end is by the child reaching the proper age or stage in life to be emancipated. It may be determined that a child is emancipated by a written agreement between both parents at a certain age. However, it is important to know that even though a child may be considered emancipated, if the payments are going through the probation department, the department must be notified to ensure that payments are still not expected.
If support payments go through probation, parents cannot assume that just because one of the events of emancipation occurred that the payments are going to stop. If they fail to do so, the paying party may be in arrears, potentially incurring severe penalties.
Are There Any Cases Where a Paying Parent Could Stop Support Payments?
Unless there is a court order, a paying parent has no right or ability to stop following their support schedule. Once there is a court order in place, they cannot violate the court order unless they successfully petition to get it changed.
While anyone could file to change their support agreement, it is unlikely that thy will get anything unless there has been a significant change in circumstances. If someone has recently lost their job and is in dire financial straits, they may be able to get relief from a new court order, but without an order, they would immediately go into arrears.
Agreements Governing the Length of Child Support Payments in New Jersey
If there was an agreement between the parents, there may be a different marker for when the child is emancipated. Sometimes parents will expand what the state guidelines are such as by giving the child a gap year with support before heading to college or some other situation that might extend the child support arrangement. These agreements may be outlined in a marital settlement agreement. However, doing this requires work from an attorney ahead of time to ensure that the orders are in legal compliance.
An Attorney Could Help You Protect Your Child Support Payments
While there are many factors that might result in stopping child support payments in New Jersey, death is one of the most impacting. If the person paying the child support dies, then the custodial parent would generally receive the life insurance that was set in place to cover the child support. If you have further questions about your child support agreement, it may be wise to consult with a dedicated local attorney to ensure that your child is provided for and you are in legal compliance. Call today to get started.