In 2017, a new went into effect in New Jersey that changed how and when child support orders come to an end. This law affects both parents — the one who pays child support and the one receiving it — in significant ways.
One of the most important things you need to know is that child support, as well as any obligation to provide health insurance, ends once the child reaches the age of 19 unless the following conditions exist:
- Your child has a physical or mental disability that existed prior to his or her 19th birthday;
- Your child is still attending high school, vocational school, technical school, college or graduate school;
- Your child support order specifies a different age for termination of support.
If any of these three conditions exist, then New Jersey law allows for the continuation of child support until the child reaches the maximum age of 23. After that, there is no provision in the law for the continuation of child support payments.
In addition, the termination of child support is now automatic, so parents no longer have to go to court to request an end to child support. The custodial (receiving) parent will get a notice in the mail prior to the child’s 19th birthday stating that support will end on his or her 19th birthday. A form will be included with that notice that allows the custodial parent to request that support be continued due to one or more of the reasons listed above. The custodial parent must provide proof that the child meets one of the three conditions, which can include:
- School transcripts to prove the child is still in school;
- Documentation from a state or federal government agency to prove the child has a mental or physical disability;
- Copy of the child support order that specifies a different age for termination of support.
If the custodial parent takes no action, the child support will end on the child’s 19th birthday. If the custodial parent requests continuation of support, the submitted documentation will be reviewed by the court and both parents will be notified of the decision. If the court orders support to continue, the paying parent has the option to file a termination motion to end support. Protecting your interests and achieving results that support your needs is what you can expect from Murphy & Cistaro. Contact us today for your free consultation.