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Child support termination laws in New Jersey can be complex and confusing to navigate. Whether you are a parent who wants to terminate child support or a recipient who wants to ensure continued support, understanding the issues involved is crucial. Hiring a knowledgeable child support termination lawyer, such as those at Rosenblum Law, is essential to protect your rights and ensure the best outcome for all parties involved.
Legal Grounds for Child Support Termination in NJ
There are several grounds for termination of child support in New Jersey, including if the child:
- Reaches the age of emancipation: In New Jersey, the age of emancipation is typically 19, but it may vary depending on certain factors. Once the child reaches this age, child support payments may cease unless there are exceptional circumstances, such as if the child has special needs.
- Completes their education: Another ground for termination is when the child completes their education. Once the child finishes college or vocational training, child support may no longer be necessary.
- Becomes self-sufficient: Child support can also be terminated if the child becomes self-sufficient, i.e. secures a steady income and is no longer financially dependent on either parent.
A substantial change in child custody arrangements or the financial circumstances of either parent can also lead to termination. For example, if one parent loses their job or significantly increases their income, this may warrant a modification or termination of child support.
The Process of Terminating Child Support in New Jersey
Every agreement or court order regarding child support is different, and the timeline for child support termination will vary depending on the circumstances.
Once the court determines an appropriate end date for child support, parents will receive a notice from the state of New Jersey within six months of the termination date. For children in the system and turning 19, this is an automatic process.
A written notice will be sent to both parties 180 days and 90 days before child support is to be terminated. These notices will notify parents that they may formally challenge the termination date until the child is 23 years of age.
Challenges in Child Support Termination
Two of the biggest challenges in terminating child support are filing the proper documents with the New Jersey family court and providing sufficient grounds for termination. An experienced and knowledgeable child support termination lawyer can handle both of these tasks to avoid mistakes.
Another reason to hire an attorney is to navigate the complexities of the NJ legal system. The guidance of a qualified child support termination lawyer is essential to ensure that a parent’s rights and the best interests of their child are protected.
Preparing for a Child Support Termination Case
In preparing for a child support termination case, first gather all necessary information and documentation. Examples of relevant documents for a child support termination case in New Jersey include:
- A copy of the child support order reflecting the age at which child support ceases
- Current school transcripts for proof that the child is attending school or college (if applicable)
- Documentation from an appropriate state agency confirming the child is an emancipated adult (if applicable)
An attorney can properly advise their client about what evidence is needed to support the case for child support termination.
The Role of an Attorney in Child Support Termination
An attorney has several roles in a child support termination case, such as:
- Providing an in-depth assessment of the viability of a child support termination case, as well as crucial guidance in navigating the complexities of the legal system
- Representing their client’s best interests in negotiations with their ex-partner and in court hearings.
- Helping their client compile the necessary documents and evidence to support the case, including financial records, proof of the child’s age of emancipation, and any other relevant information.
FAQs
Under New Jersey law, child support obligations generally come to an end automatically when a child reaches the age of 19, unless otherwise stated within the court’s order or the agreement between the parents governing child support. The date of child support termination may also be altered through a request for continuation of support if the child is attending college or requires additional support.
Generally, yes. Under New Jersey law, financial support for education is considered mandatory and includes providing support while your child obtains a post-secondary education.
Generally, yes. When a child becomes emancipated, they are considered to be a legal adult. Emancipated adults are no longer eligible to receive child support payments.
Schedule Your Free Consultation with a Rosenblum Child Support Termination Lawyer Today
If you need a child support termination lawyer, contact Rosenblum Law today to schedule a no-cost, confidential consultation. Our experienced New Jersey family law attorneys are here to help guide you through each step of the process in seeking child support termination.
Last updated: May 16, 2024
