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There is a great deal of confusion about child support in New Jersey. Some of this confusion comes from misinformation that is readily available and some of the confusion comes from the different ways some of our neighboring states deal with child support. Once question I frequently get from those paying child support is “when can I end my payments?”
What is child support/
Child support represents the financial contribution of the non-custodial parent towards the day-to-day expenses of the child. Although received by the cusotdial parent, child support is a right of the child. In New Jersey, child support is determined using the NJ Child Support Guidlines. It is primarily an income driven calculation. Future posts will discuss child support calculations in greater detail.
How long do child support payments continue?
Some states have set an age at which child support either terminates or a presumption that it should terminate is established. Such an arrangement may provide certainty, but may not always be in the best interests of the child.
In NJ, the obligation to pay child support continues until such time as the child is deemed to be emancipated. This is not entirely an age-based decision. Factors to be considered may include the age of the child, their educational plans, the relationship with the parent paying support, military status and marital status.
What do I do if I believe my child is emancipated?
If you believe that your child is emancipated, consult with an experienced NJ family law attorney to review the facts and develop a strategy. DO NOT simply stop paying your child support. If the other parent does not agree with your position that the child is emancipated, it will be necessary to file a motion with the court seeking a determination that your child is emanciapted, that child support should terminate, and that any support paid after the date of emanciaption be refunded to the payor.
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About Sandy Durst
Sandy Durst, Esq., is the founding partner of The Durst Firm where he heads the Family Law Department. Individuals facing a divorce benefit from the combination of legal skill, common sense and compassion that Sandy brings to each and every matter. Each case is given the personalized attention it deserves.
