If the New Jersey family court ordered you to child support payments, you may be wondering when you will be released from this obligation. At the same time, you may wish for the early termination of this order after you experience unforeseen life events. Continue reading to learn at what age child support will end and how an experienced Bergen County child support attorney at McNerney & McAuliffe can guide you through this.
What Is the Default Age for Child Support Termination in New Jersey?
There is a common misconception that all child support ends when a child becomes a legal adult at the age of 18. While this may be true in some states, this is not the case in New Jersey.
Generally, a support obligation ends once a child reaches the age of emancipation. In the state of New Jersey, under NJ Rev Stat § 2A:17-56.67, the age of emancipation is 19. Once the child’s 19th birthday arrives, payments will typically stop automatically, unless circumstances require the continuation of child support past their 19th birthday.
When Can Child Support Continue Past Age 19?
It’s necessary to understand that there may be instances in which support obligations can continue even after your child passes the age of emancipation.
Common Situations Where Support Can Extend Up to Age 23
Examples of such instances are as follows:
- Your child has chosen to attend higher education and requires support through age 23
- Your child is still attending high school after turning 19
- Your child has disabilities and requires support past the age of 19
- The New Jersey family court grants an extension of support through the age of 23 due to unique circumstances
When Can Child Support End Earlier Than Age 19?
In some instances, if your child becomes legally independent, you may have grounds for the early termination of your support.
Examples of Early Termination
- Your child becomes legally emancipated
- Your child enlists in the military
- Your child gets married before they turn 19
- Your child becomes fully self-supporting and financially independent
What Factors May Justify the Modification of Child Support?
However, some circumstances may arise that impact your ability to pay child support. As such, you must request a modification of support due to changed financial circumstances. It’s critical to understand that you generally cannot terminate your child support obligation early due to financial hardship.
Situations That May Warrant a Modification Request in Bergen County
- Loss of employment
- Significant mental hardship
- Changes in custody and parenting time
- Reduced income due to disability
It is important to note that the court may not grant you a modification if you quit your job or if you were fired due to gross negligence or any kind of criminal activity. At the same time, a child support order is not solely based on your and your former spouse’s financial situation. This means that you are not automatically entitled to be granted this modification.
How Do You Petition the Court to Continue, Modify, or End Child Support?
In the event your circumstances change in Hackensack, Paramus, or the surrounding area, and your child needs continued support, or they become legally emancipated, understanding how to petition the court for changes to your child support order is critical.
Generally, you’ll need to file a motion with the New Jersey Superior Court, Family Division for Bergen County to seek a modification or termination of support. If you need payments to continue, you’ll need to file a Request for Continuation of Support with the New Jersey family court.
In addition to submitting the necessary court forms, you’ll also need to provide proof of the circumstances that warrant the change, continuation, or end of your child support obligation. This can include financial records, disability documentation, marriage certificates, and enrollment verification.
You should also note that, while your modification request is pending, you are required to continue making child support payments as required. Until the court order is finalized, you are not legally able to stop making payments. Failure to continue payments will result in the accumulation of arrears.
Consult Our Experienced Family Law Firm Today
For more information on how to modify or altogether terminate your child support order, you must not hesitate to speak with a skilled family law attorney with McNerney & McAuliffe. This process can be incredibly tedious, as you’ll need to file the correct forms on time, present financial evidence, and avoid enforcement penalties. Contact our dedicated team today to learn how we can represent you during these complex matters.