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Neighbor News

New Jersey's New Child Support Termination Law Takes Effect February 1

In New jersey, child support orders are set to automatically terminate upon a child's nineteenth birthday.

A new child support law establishing the automatic termination of child support upon the child's nineteenth birthday takes effect today, Februrary 1, 2017. Signed by Governor Christie last year, the statute represents a significant change in how long, and under what circumstances, parents in New Jersey are obligated to pay support once their child has entered adulthood.

Under the new provisions, a notice of child support termination will now be mailed to both parents sometime before the child turns age 19. The notice serves as an alert that support is set to end on the child's birthday, and also explains the limited number of exceptions that will allow the support to continue. In the past, it was the paying parent who had the burden of requesting termination. This is no more. As of February 1, it is now the custodial parent's obligation to submit the request for payments to continue.

To do so, the custodial/recipient parent must provide documentation that demonstrates the child meets at least one acceptable ground for continuing support. Child support payments can continue past the age of 19 if approved documentation shows:

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  • The child is enrolled in high school, a vocational school, college, or other secondary and post-secondary program,
  • The child has a physical and/or mental/intellectual disability,
  • The existing child support order states a different age or date for termination.

After the courts review any submitted information, both parents receive another mailing letting them know if the request to continue support has been approved or denied. Should the child not meet the criteria and the support terminates, a parent's obligation to pay for health insurance for the child will end at the same time.

In a final provision, the new statute also states that the maximum age for child support in New Jersey is age 23. After age 23, no support can be ordered in New Jersey. Parents and children may enter into other financial arrangements with each other, but this is not considered child support, nor is it subject to child support laws.

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With such a significant change being made to the state's child support system, it's a given that parents will have questions and concerns. To bring clarity to the new law, two of our Weinberger Law Group family law attorneys will be on Facebook Live today (Feb 1.) to answer questions and discuss the rule changes in greater detail. Please join us at 11 AM on our Facebook page, or catch the replay. As always, our family lawyers are just a phone call away. To speak with an attorney about your child support situation for free, please call us at 888-888-0919 to schedule a complimentary consultation.

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