If you’re divorcing with children, it’s crucial to understand when your children will be deemed legally emancipated as it will impact their entitlement to child support. Please continue reading to learn when a child is considered legally emancipated in New Jersey and why connecting with our knowledgeable Monmouth County Child Support Attorneys is in your best interest.
What is Emancipation?
In New Jersey, emancipation is the legal process that deems a child an adult and no longer financially dependent on their parents. Essentially, this is the legal act by which a child is released from the control and support of a parent. An emancipated child is responsible for themselves and can make decisions without parental approval.
Like other states, New Jersey has a presumptive age of emancipation. An emancipated minor is a child under 18 years old, who has become self-supporting. This may occur, for example, if the child moves out of the family home, accepts a full-time job position, is in the military, or gets married.
It’s important to note that turning 18 doesn’t automatically trigger emancipation. In some cases, children who have turned 18 can continue to be financially dependent on their parents. Generally, the issue of emancipation arises when the non-custodial parent no longer wishes to make child support payments. When this is the case, the non-custodial parent will need to go to court and file a motion asking the judge to emancipate the child and terminate their child support obligation.
Do Child Support Payments Automatically Terminate When a Child Reaches the Age of 18 in NJ?
In the state of New Jersey, unless a court order provides differently, a parent’s obligation to financially support their child automatically ends on the date that a child marries, dies, enters military service, or reaches the age of 19. However, there are certain exceptions:
- A court order specifies a different age for the termination of child support provided that the age doesn’t extend beyond the date of the child’s 23 birthday.
- A custodial parent submits a request seeking the continuation of child support before the child reaches the age of 19.
- The child is still enrolled in high school or another secondary educational program.
- The child is a student in a post-secondary education program
- The child has a physical or mental disability
- The child receiving support is in an out-of-home placement through the Division of Child Protection and Permanency in the Department of Children and Families.
Under certain circumstances, a custodial parent can request continued support past the age of 19. In such cases, the court would examine various factors to determine what constitutes exceptional circumstances that would warrant continued support. Nevertheless, once a child is legally emancipated, child support payments will end. However, this doesn’t negate the obligation to pay any child support arrears.
If you’re facing a divorce, it’s in your best interest to contact a determined attorney from Paone Zaleski & Murphy who can help ensure your settlement agreement includes just provisions regarding child support termination. Connect with our dedicated legal team today to learn more about how we can assist you through these complex matters.
