Termination of Child Support in New Jersey
One of the most commonly asked questions regarding child support in New Jersey is: when will my agreement end? While there is no one size fits all answer, there are regulations which govern when child support is terminated. Most existing child support agreements end based on “default” dates, but there are a litany of circumstances and considerations which may lead to early termination or extension. Today, our child support termination attorneys will be discussing factors that may determine your support termination date, what a default termination looks like and more.
Paterson Child Support Lawyers Identify Substantial Changes in Circumstance
There are many situations that can lead to an early termination or extension of child support in New Jersey. Your Paterson child support lawyer may be able to adjust the end date of an existing agreement based on any of the following:
Substantial changes in circumstance – changes in circumstance can be financial or personal and often lead to the modification or termination of child support. Common substantial changed circumstances might include losing employment, becoming seriously ill, the beneficiary acquiring significant finances, losing or gaining real estate, and much more.
Child becomes emancipated – in the event that a dependent child is granted emancipation, child support obligations will immediately cease. Child emancipation may be file for by the child or either co-parent on the grounds of marriage, military service, financial and legal independence, and more.
Children over the age of 19 are still financially dependent – as will be discussed below, child support typically terminates when the dependent child reaches the age of 19. However, many children who are still in high school, pursuing a higher education full time, are disabled, etc.
Child Emancipation and Child Support Termination in Passaic County, NJ
Child support obligations are terminated by default when the dependent child turns 19 years of age. It is, however, common for Passaic County child support termination agreements to help clients determine a different date of termination based on their individual needs and circumstances. Co-parents may elect to choose their own child support end date, but under no circumstances will a child be eligible for child support once they have reached the age of 23.
There are times when child support may still be owed when a child support payor feels the child is no longer dependent. In these cases, it is possible for the co-parent to file a motion for child emancipation, to have the child support agreement terminated early, or both. New Jersey family courts will examine the details of the case in order to determine whether or not the child is still in need of financial assistance.
It is important to understand that whether your agreement was ended by default, as per the terms of your agreement, or based on additional factors, all back payments must still be paid. In other words, an agreement ending does not excuse a child support payor from paying previous payments. In some extreme circumstances, it may be possible to be reimbursed based on gross misconduct. Speak to a qualified Passaic County family law attorney for more information.
Contact our Woodland Park Child Support Attorneys Today
At The Montanari Law Group, our qualified and experienced divorce and family law legal team take pride in serving families from local Passaic County communities including Wayne, Paterson, Clifton, Little Falls, Woodland Park, West Milford, and all of Northern New Jersey. Our attorneys handle all aspects of divorce and family law, including child support, child custody, child support enforcement, division of marital assets, alimony, and much more. We believe in offering legal services that fit the needs and concerns of our clients and their families.
If you or a loved one have any questions or concerns when it comes to an existing or prospective child support agreement, please contact us online or through our Woodland Park, NJ office by calling (973) 233-4396 today for a free and confidential consultation.