Your judgment of divorce or a court order may already contain language concerning the termination of your child support obligations. But, what happens if it doesn’t? In the past, the non-custodial parent needed to go back to court to seek relief. Learn how changes in the law can impact your child support obligations.
This isn’t the first time we’ve written about the termination of child support. Our previous article was based on laws in effect at that time. We discussed issues concerning emancipation as it pertained to child support. Under a recent statutory change, there are new guidelines regarding the end of support payments. Among them, is the removal of the requirement for the non-custodial parent to seek a court order for the requested relief.
Statutory Change Regarding Child Support
The new law regarding termination of child support obligations just went into effect this month. N.J.S.A. 2A:17-56.67 spells out the guidelines for ending child support. It does not supersede existing court orders or judgments.
Certain fact patterns would cause child support obligations to cease as an “operation of law.” They are the following:
- The child dies
- The child marries
- The child enters the military service
The child’s age would be irrelevant in any of the preceding circumstances. Otherwise, child support obligations would automatically terminate once the child reaches the age of 19, with these exceptions:
- Court order regarding child support payments states a later age. Notwithstanding, child support obligations will not extend beyond the child’s 23rd birthday
- The custodial parent may submit a written request regarding continuation of payments. The documentation must be sent to the court before the child’s nineteenth birthday.
- Child receiving support is in an out-of-home placement through the Division of Child Protection and Permanency in the Department of Children and Families.
A custodial parent cannot just arbitrarily expect the court to grant a continuance of child support payments just because it was requested. Unless the court has ordered otherwise, there are limited reasons why child support would be owed after a child reaches the age of nineteen. For example, there must be documented evidence that the child is still enrolled in high school or secondary education.
Consideration for the continuance of child support would also be considered if the couple’s offspring is receiving a full-time post-secondary education and is in school at least five months of the year.
Other reasons the court may consider an extension of child support include the child’s mental and physical disabilities. If there is evidence of exceptional circumstances, the court could also entertain a motion to continue child support.
Want to Know More?
The new law regarding termination of child support payments may apply to your situation. Want to know more? At the Law Offices of Sam Stoia, we offer complimentary first meetings for our family law clients. Contact us to set up a meeting.