Even if your romantic relationship has ended, as a parent, you are still responsible for financially supporting your children. If you’ve been ordered to pay child support, you are likely wondering when you will be released from this obligation. Please continue reading to learn what age child support ends in New Jersey and how our experienced Monmouth County Child Support Attorneys can assist you during these complicated times.
How Child Support Is Determined in New Jersey
It’s important to understand that, unlike alimony, which is only awarded when a spouse requests and needs it, child support is automatically calculated during a divorce that involves children. The court believes that the parents have a financial responsibility towards the child, regardless of the circumstances.
New Jersey Child Support Guidelines
Typically, New Jersey will determine child support using the Income Shares Model, which calculates a support amount based on the combined income of the parents. This is because the court believes that the children of divorce should receive the same financial support they would have if their parents were still together.
The court will generally calculate a base amount using the number of children involved, parenting time, and each parent’s income. However, there are a number of factors that the court will examine that can influence the exact amount of child support ordered by the court.
Factors the Court Evaluates When Setting Support
Factors the court may take into consideration when determining child support amounts in New Jersey include, but are not limited to:
- The parents’ income and earning capacity
- The age of the children involved
- The needs of the children
- Childcare and education costs
- The custody arrangement
- The health and medical needs of the child
- The standard of living established during the marriage
What Is Emancipation in New Jersey?
Emancipation occurs when a child becomes financially independent and is no longer under the care or responsibility of their parents.
Standard Age of Emancipation
In New Jersey, the default age at which a child becomes emancipated is 19. There is a common misconception that all support orders automatically end on a child’s 18th birthday. While this may be true in some states, this is not the case in New Jersey. As such, under NJ Rev Stat § 2A:17-56.67, most support orders will end on the child’s 19th birthday.
When Child Support Does NOT End at Age 19
Under certain circumstances, child support may be extended past a child’s 19th birthday.
When Support May Be Extended
Child support can generally continue after the age of 19 under the following circumstances:
- The child is enrolled in a high school or another secondary educational program
- The child is enrolled in college or another post-secondary educational program as a full-time student
- The child has special needs and requires long-term support
- The child is still dependent due to medical or mental health conditions
Maximum Age for Child Support
It’s important to note that child support in New Jersey cannot be extended beyond the age of 23 except in cases of mental or physical disability. If these circumstances are present, child support may convert to financial maintenance after age 23.
When Child Support Ends Automatically
Under certain circumstances, child support orders can end automatically. This generally occurs when:
- The child marries
- The child enlists in the United States military
- The child passes away
- The child turns 19, and no extension request is filed
- The court formally emancipates the child
Early Emancipation: When Child Support May End Before 19
While emancipation automatically occurs when a child turns 19, there are circumstances under which a child may be emancipated prior to turning 19. In some instances, the child may request the emancipation themselves, which would ultimately end the support order.
Reasons a Parent May Request Early Emancipation
A Monmouth County parent may request early emancipation if:
- The child has moved out and supports themselves
- The child is working full-time
- The child has their own child, and if financially independent
- The child voluntarily leaves the home against the parents’ wishes
Can Child Support End by Agreement Between Parents?
In the event that a child is financially independent, the parents may sign an agreement to terminate child support. However, it’s necessary to understand that the court must still review and approve any termination action. As such, private agreements made between parents without court approval are not legally binding.
Contact Our Experienced Monmouth County Child Support Attorneys Today
At Paone Zaleski & Murphy, we can effectively represent your interests in court if enforcement actions become necessary. If you need help with a child support claim, please don’t hesitate to contact our dedicated legal teams. Our firm is proud to represent clients in Monmouth County and throughout New Jersey. Connect with us today to learn more about how we can assist you.
