For the state of New Jersey, there is no automatic age for when child support ends. Generally speaking, a parent can expect to pay child support at least through the conclusion of high school and even beyond that if a child continues with a college or other post-secondary degree. In a recent shift of focus, the receiver of child support in cases collected through Probation can expect to have to provide documentation that support should continue after a child turns 19 years old. If there have been no other modifications prior to that date, an automatic administrative review will occur at that age. If satisfactory proofs are not provided, child support may terminate at that time. There may also be other “triggering” events that would cause child support to end but that may require the paying parent to file papers through the court for a declaration that the child is emancipated. If the parents can otherwise agree to a modification or termination, a written agreement can be drafted, executed by them, and filed at Court.
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When is child support decided?
Prior to the finalization of a divorce, child support is decided, whether set by the Court or agreed upon between the parties. In the case of non-married parties, child support obligations can also be set by the Court and collected through Probation if so desired.
New Jersey child support laws are intended to put the needs of the child before anything else. The laws help to judge what structure of support the child will need financially to continue to live a healthy lifestyle in a safe environment. The courts have the benefit of using Child Support Guidelines to assist them in determining the proper child support amount. These factors consist of the financial status of each parent, each party’s work history and each party’s earning capacity. The income, debts and assets of each parent are considered as well. All these factors can help to determine how much each parent can provide for the child financially. The amount of time the child spends living with each parent, as well as other expenses such as child care and medical insurance, are also taken into consideration.
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.