When two parents share minor children, the noncustodial parent generally has to pay child support. Though it can be costly, it is important that both parents contribute to their children’s growth and development. Paying parents may assume that their child support obligation will end when their kid turns 18. However, this is not always the case. Reach out to a Sparta child support attorney for representation during your family law matter.
What is Child Support?
Child support refers to a parent’s legal responsibility to financially support their child until they are considered emancipated. When two parents separate or divorce a court will create a child support payment plan to ensure that both individuals are continuing to contribute to the child’s needs and expenses.
It is assumed that the custodial parent will provide financial support as the child lives with them. However, the noncustodial parent will be required to pay child support monthly to the custodial parent. The amount is based on the child’s needs and a percentage of the paying parent’s salary. The money will go toward the child’s school expenses, clothes, food, housing, medical care, and more. Only parents with unemancipated minor children are required to pay child support.
Does Child Support End at 18 in NJ?
While there are several ways to be emancipated, the most common one is to become an adult. Each state has varying laws determining the age when a child is considered an adult and the age when a parent’s obligation to pay child support ends. In New Jersey, parents are no longer required to financially support their children once they turn 19 years old.
Most states terminate child support between the ages of 18 and 21, so New Jersey falls in the middle of the range. Although 19 is standard in NJ, there are other ways that a parent’s financial obligation to their child may end early. Children 16 through 18 can be considered emancipated and therefore terminate the need for child support under the following circumstances.
- The child petitions a court for emancipation as they live independently and can demonstrate how they will support themselves
- The child enlists in the military
- The child gets married
Any of the above will effectively end both parents’ obligation to provide the child with monetary support.
Can the Child Support Obligation Extend Past Age 18?
As established, the standard age for child support termination in NJ is 19 but the obligation can end early if the child gets emancipated. On the flip side, there are instances where a parent may be required to continue paying child support after the child turns 19.
If the child is still in high school, is attending post-secondary education, or has a mental or physical disability, both parents may be obligated to continue financial support until the child turns 23.
Children with severe disabilities may even be eligible for support past age 23 depending on their circumstances. If they are not able to live independently or care for themselves the financial support obligation will not end just because they have aged out of the system. Speak with a lawyer to discuss your case and determine when your obligation to support your child financially may end.
