When two parents share minor children, the noncustodial parent generally has to pay child support. This is because the courts believe that both parents have a responsibility to financially contribute to the child’s upbringing. These payments are intended to support the child’s basic needs, like housing, food, and clothing. 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 ends when their child turns 18. However, this is not always the case. Reach out to a Sparta child support attorney for representation during your family law matter.
Understanding Child Support in New Jersey
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 continue 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 Automatically End at 18 in NJ?
There is a common misconception that, once a child turns 18 and they are legally considered an adult, that child support payments will automatically end. However, this is not the case. While 18 is the age of emancipation in New Jersey, state law generally requires parents to continue making payments up until the child’s 19th birthday, or they become legally emancipated.
New Jersey’s Age Rules
- Turning 18 does not automatically terminate child support obligations
- The standard age of termination for child support under New Jersey law is 19
- Legal emancipation, not age, determines when child support obligations end
- A paying parent must continue making payments until a court order says otherwise
In short, New Jersey law requires the continuation or termination of child support to be determined by the family court, not the child’s age or birthday alone. As such, the judge assigned to the case will have the discretion to evaluate whether a child is legally emancipated. As such, child support remains enforceable until a court determines otherwise.
What Emancipation Means Under New Jersey Law
Emancipation is a legal determination to describe when a child becomes legally independent from their parents. Once emancipated, the parents no longer have a legal obligation to financially support the child. As such, emancipation is based on a number of factors, including the child’s ability to live independently and financially support themselves, rather than reaching a certain age.
Ways in Which a Child May Become Emancipated Before Age 19
- 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
Generally, when examining whether or not a child should be emancipated from their parent, the court will also consider the following:
- Financial self-sufficiency
- Living alone is not enough to justify emancipation if income does not exist
- Emancipation generally requires a formal court motion
Can the Child Support Obligation Extend Past Age 19?
Under certain circumstances, a Sussex County parent may be required to continue paying child support after the child turns 19. However, it’s imperative to understand that these extensions are not automatic and are based on whether or not the child is financially dependent due to education or disability.
Circumstances That May Justify Extended Child Support
- The child is still enrolled in high school after turning 19
- The child is attending tertiary education, like a college or trade school, and is enrolled as a full-time student
- The child has a physical or mental disability that impacts their ability to live independently
Extension Guidelines
- Support may continue up until age 23 for educational reasons
- Courts will review enrollment status and academics
- Severe disabilities could justify support past age 23
- Extensions are awarded on a case-by-case basis in New Jersey
How Do New Jersey Courts Decide When Child Support Ends?
In Sussex County and across New Jersey, child support termination is not automatic, but rather must be evaluated by the family court based on a number of factors, like the child’s financial independence, education, health, and living arrangements. Any parent who believes that support should end must seek court approval through a formal termination motion.
Factors New Jersey Judges Will Consider
- If the child earns enough income to be self-sufficient
- The child’s physical and mental health
- If the child is enrolled in school or vocational training
- The financial circumstances of each parent
Legal Process Overview
- Without a formal court order, child support does not end
- Parents generally need to file a motion to terminate support
- Stopping payments without legal approval can result in arrears and subsequent enforcement actions
- Court orders determine when support officially ends
Because New Jersey courts reserve the right to determine when support ends, parents should not stop paying child support based on assumptions regarding age or emancipation. Stopping payments without court approval can result in the accumulation of arrears and enforcement actions, regardless of the child’s age.
Contact Our Sussex County Child Support Attorneys Today
Whether you are the paying or receiving parent, navigating child support matters can be incredibly complicated. That is why it is in your best interest to connect with an experienced attorney, with Paris P. Eliades Law Firm LLC, to assist you through these difficult times. When you need legal representation, contact our firm today to learn how we can assist you.