Confused When Child Support Ends?
Are you confused when child support ends, because it just does not say so in your divorce decree? Although some final divorce judgments are very specific about when child support terminates, others merely mention that it concludes at the time of emancipation. What is that exactly? Is it that time your child hits the pavement looking for a job? Could it possibly mean that your child support payments end upon the eighteen birthday celebration? Or, does it refer to the completion of high school graduation?
Child Support Language Written into an Agreement
Many property settlement agreements (PSAs) contain very specific language concerning child support. Not all are the amounts spelled out, but the length of time is also designated. Often, parties may agree the necessity for child support continuation when the child has entered college.
Up until recently, New Jersey was the only state that did not have a formal age of emancipation. This meant that child support obligations were not necessarily foregone when an individual reached their eighteenth birthday. Yes, they were old enough to go to war or to vote. (An eighteen year old entering the military was considered ineligible for child support.) However, there was no presumption that the custodial parent of an eighteen year old was not in need of child support payments. It was necessary to seek relief for such obligations by going before the court.
New Law Enacted to Terminate Child Support Payments
The new law that was enacted is not going to terminate all child support payments. However, if your divorce order is not specific, you now have a means of planning your finances. Under the new legislation, child support obligations can terminate without the necessity of requesting permission from the court. More specifically, the non-custodial parent is no longer expected to pay child support once his or her offspring reaches nineteen years old unless one of the following is true:
- Final Order of Divorce has specific language that states length of payments
- Both parents agree to extend the child support to a later date
- The court extends the obligation
- One of the parties successfully wins a request for an extension
- The child is still in high school
- The child has a significant mental or physical disability
- Other exceptional circumstances
Contact Us
At the Law Offices of Sam Stoia, we realize that the majority of our clients look upon child support obligations as an opportunity to assist in the financial wellbeing of their offspring. However, this new law affords the opportunity to proactively assist offspring as they approach maturity. Sam is an experienced and compassionate advocate. Contact him for an appointment to see how he can be of assistance in your family law matter.