NJSBA Family Law Section

I represent the NCP of an adult disabled child who recently turned 23 and will soon receive SSD. There is still another child covered under the guidelines  who will not be emancipated for another 18 months.

 Should child support remain for 2 children until the younger is emancipated? Assuming that there is a separate amount for the disabled child, should her SSD benefit be considered?  Your comments are appreciated.

Arlene F. Albino, Esq.

Fellow of the American Academy of Matrimonial Lawyers

Certified Matrimonial Law Attorney

Albino & Clark, LLC

Attorneys at Law

10 Poplar Tree Lane

Sparta, New Jersey 07871

(973) 729-3888

(973) 729-4167 Facsimile

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Hi Arlene,

The 23 y/o is entitled to "other support", but not guidelines "child support". The factors for amount are here: N.J.S.A. 2A:34-23. Her SSD is computed into the support number. Be careful to have support for the 23 y/o go to an appropriate trust lest it be counted as income and harm SSD eligibility. The other non emancipated child is calculated per the guide lines.  A good recent overview of support for adult disabled children is here M.R. v. F.B. (N.J. Super. App. Div., 2018)

Best

Tom King