Child Support Attorneys Morris County, NJ
Serving Parents in Chester, Mendham, Chatham, Harding, and Morris Township
Child support is intended to protect children from financial insecurity and ensure that they are well provided for by both parents. Most parents agree and understand the vital role child support plays in raising children with divorced or unmarried parents. When children become emancipated adults, when are parents no longer obligated to pay child support? In New Jersey, there are several factors which play into this determination.
At The Law Office of Townsend, Tomaio & Newmark, our experienced family law and divorce attorneys protect parents’ legal rights regarding child support in New Jersey including Chester, Chatham, Mendham, Harding, Morristown and the greater Morris County area. We believe in working with our clients with empathy and compassion to understand their individual needs and concerns and attempt to deliver the best outcome possible for their family’s future. Lean on our knowledge and experience to ensure your family is well protected.
Call our office for a free and confidential consultation with our legal team regarding your individuals needs and concerns regarding child support today.
Child Emancipation and Child Support End Date
Mendham, NJ Child Emancipation Lawyers
Child emancipation is defined by a child becoming financially and legally self-sufficient as an adult in the eyes of the state. Emancipation is directly linked to child support termination as emancipated children legally cannot be supported by child support. Once a child is emancipated, not only will child support obligations be ended, but parents no longer have the obligation to care for or the legal right to make decisions for the child.
Children are generally legally emancipated in New Jersey when they reach the age of 19, but there are situations where they may be emancipated prior to or after that default date. Children or either parent may petition for early emancipation based on many circumstances, including:
- Child joining armed forces
- Child legally marrying
- Child becomes pregnant and/or becomes a parent
- Child moving away from home permanently
- Child being financially stable, independent, and gainfully employed
Again, child emancipation being granted will immediately cease child support payments. None of the above factors are considered in a vacuum, and the courts generally seek to understand whether a child can reasonably be considered a self-sufficient adult before declaring emancipation. As with all child support terminations, this done not pardon any outstanding payments which may have been owed before the date of emancipation.
Child Support Termination Regulations and Exceptions
Chester, NJ Parents’ Rights Attorneys
As mentioned above, the default end date of child support is on the child’s 19th birthday unless there are overriding circumstances which dictate a different date. Note that once a child has reached age 23, child support is no longer obligated under any circumstances. If there are continuing financial support needs past the age of 23, that is no longer considered “child support”.
If you and your co-parent have a written child custody agreement which outlines a specific end date, that takes precedence over the default termination at age 19. This can include a date before or after the 19th birthday so long as it does not exceed the child’s 23rd birthday. If there is no such agreement, there are still other ways to extend child support duration. Parents may petition to extend child support based on one of the following:
- The child is enrolled in high school or other secondary school beyond their 19th birthday
- The child is enrolled in a post-secondary school program full-time
- The child is physically or mentally disabled
- Other circumstances which may prevent a child from financially and otherwise taking care of themselves
In order for a petition to be successfully granted, it must be submitted before the child reaches the age of 19. An exception to this rule is with a disabled child. A child support extension may be filed on the grounds of a disabled child any time before his or her 23rd birthday so long as the parent is able to show that the disability existed before the child reached the age of 19.
In the case of multiple children under the same child support agreement, the status of each child is independent from the other(s), which is to say one child being emancipated or otherwise becoming ineligible for child support consideration has no effect on other children who may still be eligible.
Contact our Morristown, NJ Child Support Lawyers Today for a Free and Confidential Consultation
Child support can be a legally complex issue, not to mention the emotions and personal complications which are always involved when it comes to children. At The Law Office of Townsend, Tomaio, & Newmark, our partners are not just lawyers, we are parents too. We understand the frustrations which may come from any type of dispute over children, and we take pride in helping our clients reach the best possible outcomes in their unique circumstances.
Our firm has over 75 years of combined experience helping families answer their child support questions across New Jersey, including Mendham, Chester, Harding, Chatham, Morristown, and Morris Township. Lean on our focused experience and knowledge we have built by practicing exclusively divorce and family law to ensure your family’s child support rights are protected. Contact us online or over the phone by calling our Morristown office at (973) 840-8970 for a free and confidential consultation today.
