NJSBA Family Law Section

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  • 1.  RE: Passage of Termination of Child Support Law

    Posted 01-20-2016 08:17 PM

    No no no.  All of those are carve-outs. All the law does is to switch the presumption from "child support on unless" to "child support OFF, unless. . ."

    Age 19 is the trigger.

    Hanan







  • 2.  RE: Passage of Termination of Child Support Law

    Posted 01-21-2016 08:44 AM

    Concur with Hanan.

    ------------------------------
    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Metuchen NJ
    (732)603-8585



  • 3.  RE: Passage of Termination of Child Support Law

    Posted 01-22-2016 07:43 PM
    Agree with Curtis and Hanan.

    The confusion over this is a bit of a concern - the belief that it has changed the substantive law rather than being an administrative change. I hope the AOC is sending a memo to the judges that clarifies it. This law didn't cite nor overturn the presumption of emancipation at 18 unless a student or disabled or extraordinary circumstances. If the wording is unclear, the legislative history is 100% clear. It just says that the CP has to take action to continue a CS award when a child reaches 19, instead of a NCP having to take action. It's to clear "dead" cases and increase NJ's collection percentage -- our federal funding is based on the percentage of support collected, and this hurts us.

    Out of curiousity, I OPRA'ed the DFD and will let you know how much we're talking about, but NJ is less than 2% from moving up two spaces (from 16th in the nation to 14th). Considering that we're either 2nd or 3rd (depending on source) wealthiest state, we should not be at #16 (or even 14). Hopefully we'll be getting rid of some counter-productive enforcement tools soon (ahem... like automatic DL suspensions without a contemporanous hearing) and, between those improvements and this, we'll move up to at least number 3 or 4 (and thus get a lot more federal incentive funds).


    <x-sigsep></x-sigsep>

    - Dave

    David Perry Davis, Esq.
    ----------------------------------------------------
       www.FamilyLawNJ.pro
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222






  • 4.  RE: Passage of Termination of Child Support Law

    Posted 01-25-2016 12:20 PM
    Does anyone have a copy of the final bill that was signed by Christie?  The child support website and other articles reference child support ending at 23 but the versions of the bill I found do not include that language.