Family Law

I would presume that given a new statute presumptively setting the age of emancipation to 19 will just streamline the process. I suppose, for instance, that the custodial parent will now be obligated to provide affirmative evidence of the child's full-time status upon demand, or the department will either send the case through the status review process, along with a warning that if affirmative proof of status is not provided at the hearing the child will be emancipated. Perhaps the AOC will even allow the probation department to administratively submit orders to the court emancipating the child, when custodial parents do not comply with letters directing them to provide proof of full-time college status… We'll have to see.

As to whether you wait for probation to take care of it… I do not believe that would be wise, as there is no telling how long it will take for them to go through the massive number of cases, nor is there any obligation for the probation department to take care of these issues (probation is there to enforce orders, not to sort out whether the orders are just). If your client believes that the child should be emancipated because (s)he is not a full-time college student, he should be filing a motion seeking the relief.

On January 19, 2016, Governor Christie signed S-1046/A-2721 into law. This law establishes 19 as the age when a child support and/or medical support obligation will end.  The new law allows for child and/or medical support to continue up to age 23 for cases in which the dependent is still in high school; attending full-time college, vocational or graduate school; is disabled; if the parties reached a separate agreement; or, if continued support was granted by the court.

The effective date of the law is February 1, 2017 and applies to all child support orders. If you have at least one dependent, age 19 or older, as of February 1, 2017, you will receive an initial Notice of Child Support Termination on or around August 1, 2016. This Notice will be sent out 180 days before the dependent's 19^th birthday and will contain information on how to request a continuation of child support as well as how it will impact the amount of child support.  

For families that currently have a child already over the age of 19, child support will end on February 1, 2017, rather than on the child's 19^th birthday, as the new law is phased in.

If your Judgment of Divorce (JOD) or support order specifies an end date other than the dependent's 19^th birthday, that date will stand and you will not be permitted to request an administrative continuation of support.  However, you still may receive a Notice of Child Support Termination and be asked to send in a copy of the JOD or order.

If no continuation of child support is requested, a second Notice of Child Support Termination will be sent out 90 days before the dependent's 19^th birthday. If no continuation is requested after receiving the second notice, the order of support will end as of the child's 19^th birthday, and both parties will receive an update reflecting this change.  (Note that if back child support is owed, the non-custodial parent still is responsible for paying that off.)

If you receive an updated order for continued support and wish to oppose it, you may file an application or motion with the court. If there are younger children on the order in addition to the 19-year-old (or older) child(ren),  parents may need to file an application or motion with the court to adjust the child support amount.

If your JOD or support order calls for child support to continue beyond the dependent's 19^th birthday - if they are in college, for example - you will receive a Final Notice of Child Support Termination 90 days before the dependent's 23^rd birthday (or other extended termination date) informing you that the child support will end.   

In order to ensure that all notices and informational updates are received, please confirm that the Child Support Program has your most current mailing address, cell phone number and email address.      

More information regarding the new child support termination process will be posted on www.njchildsupport.org in the upcoming weeks and months.