NJSBA Family Law Section

If child support is paid after age 19 due to a mental illness and financial dependence, does the showing of mental disability and reliance need to be "renewed" when a child turns 24?

On one hand we have the statutory language N.J.S.A. 2A:34-23(a): <<The obligation to pay support for a child who has not been emancipated by the court shall not terminate solely on the basis of the child's age if the child suffers from a severe mental or physical incapacity that causes the child to be financially dependent on a parent. The obligation to pay support for that child shall continue until the court finds that the child is relieved of the incapacity or is no longer financially dependent on the parent....>> This language continues the child support until the court says the mental illness or reliance no longer exists, 

Then at age 23, there needs to be an application to convert from child support to other support: "Notwithstanding the provisions of this section, the obligation to pay child support shall terminate by operation of law when a child reaches [twenty-three] years of age," unless "upon application of a parent," the court converts "a child support obligation to another form of financial maintenance for a child who has reached the age of [twenty-three]" "due to exceptional circumstances including, . . . a mental or physical disability." N.J.S.A. 2A:17-56.67(e). 

My question is: does the party seeking to convert have a burden to re-show the original mental illness and reliance? is there a presumption as implied in 23(a) that the mental illness continues? The language "Converts' implies to me that the prior order is continued and simply receives a new title, but is not an application de novo. 

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Thomas King Esq LLC
45 Broadway,
Denville, NJ 07834
973-750-8348
www.njfamily.law www.njdivorce.law
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Original Message------

If child support is paid after age 19 due to a mental illness and financial dependence, does the showing of mental disability and reliance need to be "renewed" when a child turns 24?

On one hand we have the statutory language N.J.S.A. 2A:34-23(a): <<The obligation to pay support for a child who has not been emancipated by the court shall not terminate solely on the basis of the child's age if the child suffers from a severe mental or physical incapacity that causes the child to be financially dependent on a parent. The obligation to pay support for that child shall continue until the court finds that the child is relieved of the incapacity or is no longer financially dependent on the parent....>> This language continues the child support until the court says the mental illness or reliance no longer exists, 

Then at age 23, there needs to be an application to convert from child support to other support: "Notwithstanding the provisions of this section, the obligation to pay child support shall terminate by operation of law when a child reaches [twenty-three] years of age," unless "upon application of a parent," the court converts "a child support obligation to another form of financial maintenance for a child who has reached the age of [twenty-three]" "due to exceptional circumstances including, . . . a mental or physical disability." N.J.S.A. 2A:17-56.67(e). 

My question is: does the party seeking to convert have a burden to re-show the original mental illness and reliance? is there a presumption as implied in 23(a) that the mental illness continues? The language "Converts' implies to me that the prior order is continued and simply receives a new title, but is not an application de novo. 

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Thomas King Esq LLC
45 Broadway,
Denville, NJ 07834
973-750-8348
www.njfamily.law www.njdivorce.law
------------------------------

Original Message------

For what it's worth, I agree with your interpretation of the statute, but I'm not aware of any case law on this point.  

Gregory B. Thomlison, Esq.
Matthew R. Abatemarco, Esq., LLC

1704 Maxwell Drive

Suite 105

Wall, New Jersey 07719

Ph: (732) 556-0712

Fx: (732) 556-0717

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