New Jersey has a new law governing termination of child support in divorce actions. Signed into law by Governor Christie on January 19, 2016, child support obligations now continue until a child’s 19th birthday, and may continue until the age of 23 in some cases, depending on the specific circumstances.

The new law indisputably holds the child’s divorcing parents responsible for financially supporting their children, including through college. During a divorce, child support is assigned according to the children’s financial needs and the financial abilities of each parent to contribute. These payments will now continue until each child’s 19th birthday, unless expanded up to age 23 due to reasonably anticipated circumstances.

These changes only take effect going forward, not retroactively.

Here are the exceptions. The recent revisions to New Jersey’s child support law, allow for termination of payments for a child under the age of 19 without a court order — if the child dies, marries, or enters military service. Other exceptional circumstances include:

• A child is placed by the State Division of Child Protection and Permanency in a home outside of the biological or adoptive parents’ care.
• The parents agree to a date of child support cut-off that is different from the child’s 19th birthday.
• The court orders a specific date of termination of payment other than the child’s 19th birthday.
• The child is still a high school student as of their 19th birthday.

A judge may order child support payments to continue beyond the age of majority.  For example, if a child is a full time student in college or university, payments may continue until the child graduates, but not beyond age 23.

A child either born with a disability or who became disabled before his or her 19th birthday and cannot provide financial self-support may be entitled to continued parental support. The court uses the child’s ability to earn money as a guideline for determining the amount and duration of support. As in all matters relating to children of divorcing parents, child support is determined according to a “best interests” analysis.

The “old” law made continuation of child support presumptive, “unless” there was a reason for a change.  The “new” law makes termination of child support presumptive, “unless” there is a reason to continue.

Conclusion

In 18 to 23 years of required financial support for children, conditions often change. Significant changes in the health of a child, or a significant change in the financial circumstances of either or both of the parents may require child support modification. If you are divorcing or believe your current child support obligations should be modified, contact a New Jersey Supreme Court Certified Family Law Specialist. In the Kingston, New Jersey area, Hanan M. Isaacs, P.C., has conveniently located offices and reasonable payment terms. Please write us or call 609-683-7400 today for a near-term and reduced rate initial consult. We accept all major credit cards (except for Amex) and offer many workday and early evening appointments.  You will be glad you did.