When does child support end? Generally, when a child is emancipated. So, what exactly does that mean? Emancipation, in reference to a child, is a term that describes when your child goes from being a minor to an adult. When this occurs, the child becomes free from parental control and the parents become free from financial support of the child. Governor Christie signed Bill S-1046/A-2721 into law on January 19, 2016 and it will take effect on February 1, 2017. This law affects age of emancipation in New Jersey, which in turn affects child support. The new law establishes that a child is automatically emancipated on his/her 19th birthday and a parent is no longer obligated to continue child support payments beyond this date. A child can be considered emancipated earlier than his/her 19th birthday if s/he is in the military, gets married or dies. And emancipation can be delayed up to the age of 23 if a child has a mental or physical disability or still attends high school (or other secondary school) or is enrolled full-time in a post-secondary school (i.e. college) after high school. If the child does not fit into these categories, a parent may ask the court to extend emancipation based on exceptional circumstances to be decided on a case by case basis.
The new law was needed because people were confused about when child support ended. Previously, you needed to file paperwork with the court to formally close this obligation and if a parent did not do this, the obligation continued. Well, sometimes a child clearly should have been considered emancipated but was still on the books as unemancipated because no paperwork was ever filed, and the parent still on the hook for child support payments. This new law clarifies that there is now a standard age for emancipation in New Jersey and no need to file additional paperwork.
A couple can decide to continue to financially support their children beyond age 19, if they continue with college or have a disability, but this again will automatically end at age 23 without having to file additional paperwork. At Westfield Mediation, we help couples navigate the issue of child support and emancipation. It is written into every parenting agreement. Parents need to address these issues during the divorce process so each will know what to expect legally and financially from each other when planning their children’s future.
For more information about divorce mediation contact Randi M. Albert, JD, or Michelle Weinberg, LMFT, at Westfield Mediation, LLC, at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.
