Given the presumption of anti-retroactive downward support, a few years ago I looked for cases supporting modification post-emancipation. I only found a case (which I seem to remember was unpublished) supporting elimination of post-emancipation arrears - which isn't necessarily on point if the support was in fact paid (such as through probation). I now have a client who should have sought emancipation years ago when the child graduated college and landed a nice paying job. Thoughts on legal support for an argument to recover years of support and against equitable defenses (e.g., laches)?
Also, I haven't reviewed the Bill - If it passes what is the effective date and how will it apply (e. g., post-effective date CS orders, children currently under the age)?
Shelley J. Pedersen, Esq.
Pedersen Law Firm, LLC
241 Forsgate Drive
Suite 106
Jamesburg, NJ 08831
(732) 641-2069
Original Message------
Unless the bill was amended, this is essentially an adminstrative change only. New Jersey is the only State in the USA that automatically continues Title IV-D (paid through probation) child support orders. In most states, unless a court order to the contrary is obtained, the support order terminates (usually on the July 1 following the child's 18th birthday, or on the child's 19th birthday). The custodial parent must obtain an order for it to continue past that point.
The net effect is that New Jersey has a large number of "dead" CS orders - I don't recall what they add to, but I think it's several million dollars (NJ collects $1.1 billion per year). Eventually, warrants issue (and DL licenses automatically get suspended...but hopefully that aspect is changing next month), and accounts get seized when the computers find them, etc. Then the NCP has to take court resources to seek emancipation and a credit back for his/her (for example) 30 year old, married child who has been emancipated for 12 years. When a support order is terminated on emancipation, as most of us know, the court is permitted to (and usually does) terminate the order effective as of the date of emancipation. This leaves a custodial parent owing money back to the NCP - and if it was a low order (as many of these are) in place for a long time, it adds up (i.e., $29 per week x 52 weeks x 5 years = $7,540 that mom needs to repay). Current system is bad for the State's treasury, bad for the NCP, and bad for the CP.
The real reason for the change is that New Jersey's federal funding incentives are in large part based on the percentage of support we collect. NJ is number 16 in the nation on collections, even though we're the third wealthiest state. Getting rid of these "dead" orders may bump us a percent, which translates to additional federal funds for enforcement of CS orders.
The bill doesn't change the substantive law on when support ends - it's just that the CP will now have to fill out a form and explain why CS should continue rather than the other way around.
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David Perry Davis, Esq.
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