On February 1, 2017, new child support laws took effect in New Jersey and the same have caused confusion among family law practitioners and clients.
A common misconception is that the new law automatically terminates NJ child support at the age of 19, unless a parent requests the same to continue up until a maximum age of 23.
New Jersey law still does not set an exact age at which a child becomes emancipated (not subject to the parent’s control and not entitled to parent financial support). Each case is fact specific and there is still no automatic cutoff date.
An obligation to pay child support under the NJ Child Support laws terminates when a child is emancipated. A child is considered emancipated when they move beyond the sphere of influence and responsibility exercised by a parent and obtains an independent status on his or her own.
When the Court enters an order emancipating the child, the obligation to support that child terminates. The 2017 NJ child support termination laws provide that the probation department will cease monitoring and enforcing a child support order (will close the probation account) when the child reaches the age of 19. This does not mean that the obligation to pay support automatically terminates. The probation department will leave the account open beyond the child’s 19th birthday if any of the following apply:
All New Jersey child support obligations, regardless of when they were ordered, are subject to probation terminating the account when the child reaches age 19, even if the order was entered before the new statute came into effect. Again, the statute concerns termination of the obligation through the probation department, not whether the child is emancipated. Even if probation closes the account, the parties’ settlement agreement or prior Court Orders that dictate the terms of child support remain in effect, and a party may still have to pay. Only child support orders from another state’s court but enforced in New Jersey are not subject to the new law.
For all child support obligations administered by the Probation Division, the Division will provide a notice to both parents 180 days before the child’s 19th birthday. The notice will indicate that the child support obligation will terminate upon the child reaching age 19 and will explain how a parent may request the probation department to continue monitoring the obligation up to age 23.
If the Division receives no response, a second notice with the same information will be sent to both parents 90 days before the child turns age 19. If neither parent requests an extension of the child support obligation before the child turns age 19, the probation account will close and the obligation (through probation’s eyes) will automatically terminate on the child’s 19th birthday.
A parent may request the continuation of a child support obligation beyond the child’s 19th birthday using the information and form provided by the Probation Division in the notice discussed above. Continuation of the child support obligation up to the child’s 23rd birthday is allowed if any of the following circumstances apply:
-The child is enrolled in a secondary school (such as high school) or a secondary program;
-The child is a post-secondary student enrolled for the number or hours or courses considered to be full-time by the institution during some part of each of any five calendar months of the year; and
-The child has a physical or mental disability as determined by a federal or state agency, the disability existed before the child reached age 19, and the child requires continued child support.
Even if none of these circumstances apply, a parent may request that the court issue an order continuing child support through the probation department beyond age 19. Such a continuation of support may be granted in “exceptional circumstances” and cannot extend support beyond the child’s 23rd birthday.
Child support may be monitored and payed through probation up to the child reaching age 23, but the child support account terminates on that date. If the child requires continued financial assistance beyond age 23, the child or the parent receiving child support may apply to have the child support obligation converted to another form of financial maintenance.
A parent who has not requested the continuation of child support may oppose the other parent’s request to continue child support beyond the child’s 19th birthday.
The NJ child support emancipation laws provide that a child support arrearage is not erased when the child reaches age 19. Instead, upon the child reaching age 19, the child support obligor must continue to pay the child support obligation until the arrearage is paid in full.
A parent does not have to wait until the child reaches age 19 to terminate a child support obligation. A child’s parents may agree to a different date for the termination of child support as long as the date is on or before the child reaches age 23. For example, if a child does not enter college full-time after high school, child support may end before their 19th birthday.
If a child support obligation covers more than one child and one of the children reaches age 19, the termination of support for the 19-year-old child is handled differently depending on whether the support obligation is allocated or unallocated. An allocated child support obligation specifies the amount of support to be paid for each individual child, while an unallocated child support obligation requires the child support obligor to pay a single amount for two or more children.
If a child support obligation is allocated and one child reaches age 19, the child support obligation through probation is terminated as to that child, but the obligor must continue to pay the amounts allocated for each of the remaining children under age 19. If a child support obligation is unallocated and one of the children reaches age 19, the statute requires the child support obligor to continue to pay the existing unallocated support obligation amount.
The new statute does not:
We understand that the new child support laws can be confusing. If you need advice about the NJ child support emancipation laws and how they affect you, contact me, Elizabeth Rozin-Golinder, by filling out my Contact Form or calling (732) 377-3367. I’ve dedicated my career to practicing family law right here in New Jersey, and I would be honored to share my experience with you.
