Emancipation and Child Support Attorneys Morris County, NJ
Serving Clients across Chatham, Mendham, Chester, Mt. Olive, and the greater Morris County area
New Jersey has never defined an exact age for child emancipation (the age at which a minor child becomes an adult). In the context of family law, the biggest impact of an unclear child emancipation age is confusion when it comes to child support payments and child emancipation.
A new New Jersey law, effective February 1st, 2017, helps to clarify termination of child support payments based on child emancipation, stating that child support payments automatically end when the child reaches the age of 18. However, parents can still petition for an extension of their child support agreement based on a variety of factors.
At The Law Office of Townsend, Tomaio & Newmark, our experienced and compassionate family law attorneys have extensive experience successfully resolving child emancipation and child support issues for parents across the greater Morris County area. Whether you are a parent seeking to extend the duration of your child support agreement for your child, or a parent facing a petition for an extension, our attorneys are ready to help you present the best possible case to the courts and help protect your family’s financial future.
Child Support Termination based on Child Emancipation NJ
As previously noted, the new law regarding child emancipation states that all child support obligations are automatically terminated when the child reaches the age of 19, unless your divorce settlement agreement specifically states otherwise.
For parents with multiple children, some Morris County child support agreements are written without specifying specific amounts for both children. If this is the case, the child support order will not automatically terminate when one child reaches the age of 19. For parents with multiple children and a child support agreement which specifies a specific amount for each child, child support payments will continue, minus the amount allocated for the child who is turning 19. In both situations, either parent may file for a modification of their child support agreement based on the emancipation of the 19-year-old-child, either to extend payments, or to cease making payments for the emancipated child.
For parents who are paying and receiving child support through the Probation Division (known as indirect child support, commonly used in divorce cases where a parent expects to have difficulty receiving regular and full child support payments), a written notice of child support termination will be sent to both parents 180 days before the child’s 19th birthday, notifying both parents of the pending termination. If the custodial parent does not file for an extension of child support, a second notice will be sent 90 days before the child’s 19th birthday.
While most child support obligations will now automatically terminate when the child reaches the age of 19, the custodial parent can file for an extension of their child support agreement for a number of different reasons. If you are a custodial parent seeking to extend support payments for your emancipated child, or are the payor of child support and need to contest a petition for child support extension, it is important that you speak with an experienced Morris County child support modification attorney. Your child support attorney can help you to draft, file, and present all of the necessary documents to the court, protect your parental and financial rights throughout the process, and help you to secure the child support settlement that you and your family needs.
Extension of Child Support after Child Emancipation Attorneys Chester, NJ
When a child reaches the age of 19, most child support obligations will automatically terminate. However, the custodial parent of the child in question may still file for an extension of their child support agreement based on a number of different factors. Any such petition must include a new proposed date of child support termination, and must also be based on the fact that:
- The child is still in high school
- The child is enrolled in a full-time post-secondary program
- The child has a mental or physical disability which existed prior to their 19th birthday
- Any other exceptional circumstance which would require child support extension, subject to court review
Any and all child support orders legally must terminate when the child reaches the age of 23, without exception. Support agreements can still be made after this age, but will not be considered child support.
If you believe your child is still in need of financial support after their 19th birthday, or are facing a petition for an extension of child support for a child that you believe no longer needs your financial support, contact an experienced child support and emancipation attorney today to discuss your options moving forward.
Contact a Morristown Child Support Extension Attorney Today
At The Law Office of Townsend, Tomaio & Newmark, our family law attorneys have extensive experience helping clients across Chester, Chatham, Mendham, Mt. Olive, and the greater Morris County area to successfully resolve all child support issues, including child support extension and modification based on a child’s emancipation.
By practicing exclusively family and divorce law, our attorneys can focus on the issues that impact you, your family, and your children the most. We pride ourselves on providing experienced, compassionate, and highly-knowledgable legal counsel for all of our clients, and we are ready to do exactly the same for you in your child emancipation and child support issue.
To speak with one of our child support attorneys today in a free and confidential consultation to discuss your options and plan of action for your child support extension issue, please contact us online, or through our Morristown office at 973-840-8970.