In New Jersey, parents are responsible for financially supporting their children. Child support terminates automatically by operation of law when a child turns 19, unless an exception applies. Support may continue past 19 in certain circumstances, but generally cannot extend beyond the child’s 23rd birthday. The court has the authority to order parents to follow a child support structure decided by the courts or reviewed and accepted by the courts.
It is important to have an experienced attorney on your side to guide you through your rights and the state’s child support laws. There are several variables that go into the calculation that must be accurate to ensure a fair support structure. Contact Paris P. Eliades Law Firm, LLC for a consultation today.
New Jersey Child Support Guidelines explained
Most child support cases are based on the New Jersey Child Support Guidelines. This is a calculation that applies to families with a combined net yearly income between $9,360 and $187,200. For the most part, the formula calculates the child’s share of the expenses with the income of the family to make a fair and just support structure centered around the best interests of the child and the need to maintain the child’s quality of life. For those fall outside of this application, the matter is a bit more complicated.
In cases where the Guidelines do not apply, the court will determine support based on several factors, including:
- The parenting/ custody structure
- The child’s needs
- The child’s needs and capacity for education, including higher education
- The standard or living
- Each party’s financial situation
- Each parent’s assets and liabilities
- Earning capacity of each party
- Age and health of the parents and the child
When does child support end?
In New Jersey, child support ends automatically when a child turns 19. Neither parent has to file a motion or appear in court for this to happen. The Probation Division sends both parents written notice 180 days and again 90 days before the child’s 19th birthday, and if no one objects, support simply stops on that date.
Support can continue past 19 in several situations. If the child is still in high school, enrolled full time in college or vocational school, or has a severe mental or physical incapacity that makes them financially dependent, support may continue. It is the parent receiving support who must apply to the court to continue it, submitting the request with supporting documentation before the child turns 19. A court order can also set a different termination date. In nearly all cases, support cannot be extended past the child’s 23rd birthday. The narrow exception is a child with a severe disability established before age 19, where support may continue beyond 23.
Support also terminates immediately, at any age, if the child marries, dies, or enters military service. Each situation is different and the legal question of continued support is fact-sensitive.
Contact a firm to protect your interests
At Paris. P. Eliades Law Firm, LLC, we understand that child support is a complicated process. Our diligent attorneys are ready to guide you through a court-ordered child support case and see that your rights and interests are protected. Don’t allow inaction to dictate a child support structure that is not fair to you or your family. Contact Paris P. Eliades Law Firm, LLC for the effective representation you deserve.