There are certain circumstances that arise which may warrant the ongoing payment of child support even after a child reaches adulthood. The following excerpt from the NJ LAw Journal illustrates one such situation and highlights what each party must show to prevail on their claim.
FAMILY LAW — CHILD SUPPORT
20-2-7040 LaMotta v. LaMotta, App. Div. (per curiam) (6 pp.) In this post-judgment matrimonial matter, plaintiff appeals from an order denying his motion for reconsideration of a prior order denying his motion to terminate or modify child support, and his request for a medical evaluation to determine whether his estranged daughter is emancipated. Plaintiff’s motion to terminate or modify child support related to his youngest child (“Tammy”), who was thirty-one years old. Plaintiff certified that Tammy sustained a brain aneurysm when she was seventeen, which left her “partially disabled,” and he continued to pay child support due to her medical condition. Plaintiff alleged that the medical information provided by defendant did not show that Tammy was unable to support herself. Plaintiff argues that he is entitled to discovery, such as a medical examination of his daughter, and a plenary hearing to determine whether his daughter is totally disabled or whether she is capable of some type of employment. The appellate panel agrees and remands for a plenary hearing, finding there are genuine factual disputes regarding Tammy’s medical status and her ability to support herself or contribute to her own support.
