Paying child support can be a significant expense, especially if your child or children are young. That expense can last for many years. Conversely, if you are receiving child support, you may be dependent on the income and need to know how long you can count on it. Either way, it’s important to know when child support ends.
While you might assume you’re done paying child support when the child turns 18, the actual answer is a bit more complicated. Here’s what New Jersey parents need to know about the end of child support and how an experienced lawyer from Williams Law Group, LLC can help you find your way forward.
Child support ends when the child is “emancipated”
In New Jersey, “emancipation” generally occurs when a child moves beyond their parents’ sphere of influence. For children who don’t go on to college, this generally occurs when they graduate high school or turn 18, whichever comes last.
For children who go to college, it’s a bit more complicated. Emancipation is presumed when the child graduates from college, but it can also occur sooner if the child is not attending school with “reasonable diligence.” Generally, this means taking at least 12 credit hours per semester, if the child is capable of doing so.
In some circumstances, the basic guidelines for emancipation are not followed
Because emancipation is generally delayed by college attendance, whether a child is emancipated or not can depend on the nuances of college attendance. For example, if a child must work full-time or part-time to pay for college, thereby delaying their college graduation, their emancipation may be delayed beyond the typical four years needed to complete college.
A child may also become unemancipated after a period of emancipation. For instance, if the child takes a year off before beginning college (commonly known as a “gap year”), then the child may be considered emancipated during that year off, but no longer emancipated once they start attending college.
Furthermore, children who are seriously disabled may never emancipate because they are incapable of self-care. This may be because of cognitive impairment or mental disability.
New Jersey law presumes a child is emancipated at age 19
New Jersey has enacted a statute that presumes a child is emancipated as soon as they turn 19 years old. Beyond that date, the parent who was receiving child support must file an application to continue receiving child support.
Our law firm can help you navigate the complexities of child support
In some circumstances, whether a child is emancipated for child support purposes may be disputed; in others, the amount of child support may be in question while the child is attending college. Either way, you need an experienced child support lawyer who knows New Jersey law and understands how to navigate the system effectively.
The experienced attorneys at Williams Law Group, LLC know how to deal with child support matters and fiercely advocate for our clients’ interests. Give us a call or contact us online to find out how we can help with your case.
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