When Does Child Support End in New Jersey?

Key Takeaways

New Jersey child support ends automatically at age 19.
It ends early if the child marries, dies, or enters military service.
It can continue to age 23 for school, college, or disability.
Continuation must be requested before age 19.

Divorce can change the lives of an entire family. If the couple has children together, parents are required to settle new arrangements for the future of their kids. It is important to provide children with as stable a transition as possible into their new life. The state of New Jersey stresses the importance of putting the best interest of the child first during this time. This involves making sure that they keep a similar standard of living that they were used to before their parents divorced.

In New Jersey, child support orders will automatically end when a child turns 19 years old, in accordance with N.J.S.A. 2A:17-56.67, unless the court has ordered a different date or there is an applicable exception. New Jersey law also allows the continuation of child support up to age 23 for a child still in high school, enrolled full time in college or vocational school, or the child has a qualifying disability. Alternatively, child support may end before age 19 if the child is legally emancipated, such as getting married or entering military service.

In order to maintain this standard of living, the state requires both parents to financially assist their child. This is done through child support payments from one parent to the other. These payments are determined by a judge following the New Jersey Child Support Guidelines. These guidelines calculate the child’s cost of living with the income of the family. The judge also considers several factors regarding the family’s financial status. This includes the parents’ work history and earning capacity in addition to the cost of providing for the child and their needs. Throughout this process, the judge is able to determine a fair amount for support payments.

Age of Emancipation

When a parent has physical custody of their child, they are considered the custodial parent. This job comes with several responsibilities, as the child lives with this parent the majority of the time. The most important role of this parent is to provide the child with a stable life. To do so, they must make sure the child has a home, food, clothes, an education, and more. The cost of living for a child can become overwhelming for one parent to afford on their own. This is why the non-custodial parent is required to financially assist the child through support payments. Child support is required to be paid until the child reaches the age of emancipation. In New Jersey, this age is usually 19 years old.

Every family life is different, which is why every case is handled as such. It is important to know that not all support payments are terminated when a child reaches 19 years old. There are circumstances under which the court makes exceptions to the age of emancipation. Sometimes, courts will extend the payments if a child is still unable to support themselves. This may be if they decide to pursue higher education, such as college or trade school. In these situations, the court may mandate payments to end when the education is finished. When this happens, parents must continue supporting their child until they are able to do so themselves. However, it is possible to end support payments early. If a parent can prove to the court that their child can provide for themselves, they can petition for emancipation. If the court approves and emancipates the child, child support payments can end.

How Does Child Support End Automatically at 19 in New Jersey?

In 2017, a statutory change in New Jersey updated how child support obligations end. Typically, the paying parent would need to file a motion to terminate the obligation once a child turns 19. However, under N.J.S.A. 2A:17-56.67, the obligation now ends by operation of law when any of the following circumstances occur:

The child turns 19: This is the automatic age at which child support will be terminated, ultimately replacing the prior practice requiring a parent to file a petition for emancipation first.
The child marries, dies, or enters military service: These circumstances will end the obligation by law, regardless of the child’s age.
Advance notice from Probation: For cases handled through the Probation Division, the state mails two notices before support ends, the first at least 180 days and the second at least 90 days before the termination date.

When Can Child Support Continue Past 19?

It’s important to understand that reaching age 19 will not automatically result in the end of support in all cases. The custodial parent can seek a continuation of support, but the request must be filed with the court before the child’s 19th birthday, and in most cases, support cannot extend beyond age 23. Common circumstances in which the custodial parent may seek a continuation of support include:

Still in high school: Child support will continue if the child remains enrolled in school or another secondary program past age 19.
Full-time college or vocational school: A child enrolled in a post-secondary program, including college, university, or vocational school, allows the custodial parent to request the continuation of support up to age 23.
Severe disability: A child with a physical or mental disability that existed before they turned 19 may receive support beyond age 23, and the court can transform this support to a different type of financial maintenance.
The age-23 ceiling: Except for severe disability, support cannot be extended past the child’s 23rd birthday, even by agreement or for continued education.

Can Child Support Be Modified Before It Ends?

It’s important to understand that, separate from termination, child support orders may be modified in the event that the circumstances of either parent or child have changed considerably. It is critical to note, however, that for a modification to be legally binding, the parent must file a petition with the court, rather than adjusting payments on their own. Common reasons parents seek a child support modification include, but are not limited to, the following:

A significant change in either parent’s income, such as job loss, a promotion, or a new inheritance.
A new medical condition or disability that creates substantial expenses for a parent.
A change in household circumstances, such as a parent’s remarriage or the birth of additional children.
Important: Continue paying the current order until the court approves a change. Stopping payments without approval can lead to enforcement action and arrears.