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When Can Parents Stop Paying Child Support in New Jersey?

Typically, parents pay child support for the full childhood of a child. The age at which a child no longer relies on the support of their parent is debatable to some. Child support can take up a significant portion of your income, so you may be wondering when parents can stop paying child support in New Jersey.

What is the Age of Emancipation?

The age of emancipation refers to when a child is no longer legally dependent on their parents, and this may vary depending on the state. In New Jersey, the legal age of emancipation is 19 years old. This isn’t a hard stopping age for child support, though. The New Jersey courts recognize that each family is different.

The courts typically listen to a plea to stop paying child support on a case-by-case basis. One family may require child support beyond 19 years, while another may stop child support payments before 19 years.

Factors that Affect the Age of Emancipation

Some factors that may affect the age of emancipation include:

A child who is attending college
A child who is independent and moves away from home
A child who is earning a salary
A child who is married or with their own child

These are just a few of the factors that a family court may consider when determining a child’s need for child support. Some children may be capable of providing for themselves before the legal age of emancipation. New Jersey also allows children under 18 years who have moved out on their own or are supporting themselves to file for their own emancipation.

How to Emancipate Child Support in New Jersey

You can file a motion to emancipate a child to end child support payments. This is done through the New Jersey family court where you live. Working with a family lawyer can be beneficial to ensure you meet all the state’s filing requirements. It’s important to note that even if an emancipation request is approved, it doesn’t clear out any previously missed payments. Parents will still be responsible for all back pay child support payments they may have missed.

How is Child Support Calculated?

New Jersey uses a percentage model when calculating child support. The non-custodial parent is responsible for paying a set percentage of their income each month to the custodial parent. Even families with a shared parenting agreement may be required to pay child support, depending on the agreement.

If the inability to make child support payments is why you want to stop making them, other options may be available. If your income has changed, you can file a motion with the court to lower your monthly payments. Keep in mind, though, that the court could increase your monthly payments if your income has increased. New Jersey allows you to modify your child support payments once every three years. The court requires that you show proof that there has been a significant change in circumstances.

If you have questions about child support, including when you can stop paying or how to adjust your amount, reach out to a family law lawyer.

Contact a Camden Family Law Attorney for a Consultation About Child Custody in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter, such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Camden, Cherry Hill, Gloucester Township, and Winslow. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd # 207, Voorhees Township, NJ 08043.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

What to Do When Your Ex Stops Paying Child Support During COVID-19

COVID has affected much of the world, financially and emotionally. When the country shut down for a few weeks, many people lost their jobs. Even people who were able to hold on to their jobs had to learn how to navigate a new world of increasing cases and the challenge of figuring out remote schooling.

If you rely on child support during this time, it can make the situation even worse when your ex stops paying. You may have legal options available to enforce your ex to make their payments. Failing to make court-ordered payments is illegal in New Jersey and is usually enforceable by the local court.

Modifications Can Help to Accommodate a Change in Finances

If your ex loses their job during this time, or their income significantly decreases, they can file for a modification. Filing for a modification requests that the court recalculates their child support payments based on their new income. Without this process, however, your ex can’t just skip payments or reduce them.

What to Do If Your Ex Stops Paying

One of the first things you’ll want to do if your ex has skipped a few payments is to report the missed payments. You can report missed payments to the Office of Child Support Services (OCSS). If your ex intentionally skipped payments and has income, the office may obtain payments using other methods, like garnishing their wages or a tax refund.

Other Potential Consequences of Non-Payment

If your ex skips their child support payments, they may be ordered to pay them through garnishments. If they don’t have a job that allows this, or still don’t pay the full amount of their monthly child support, the court may take other actions for further consequences. A few potential consequences include:

Suspend their driver’s license
Suspend a professional license
Put a lien on a personal property
Detain them

There are a few options available for seeking child support. If you find that these methods are still ineffective, it may be worth it to reach out to a child support lawyer. A lawyer can help you file the right paperwork with the right courts and ensure that they have all the information they need to track down payment.

What if My Spouse is Collecting Unemployment?

The year 2020 saw a record number of people collecting unemployment. Even if your ex is collecting unemployment, they are still responsible for making their child support payments. The same goes for other types of government compensation, including workers’ compensation payments or other disability payments.

A divorce or family lawyer can help you navigate child support during this difficult time. It can feel impossible to get answers to your questions, especially with many of the courts closed to the public. This can lead to a longer wait time for court hearings. In the meantime, you’re left trying to cover the costs of being a parent, without the additional payments from your ex that you deserve and rely on. Contact us today to navigate child support during COVID.

Contact a Cherry Hill Family Law Attorney for a Consultation About Child Custody in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Daniel K. Newman represent clients throughout the state, including Cherry Hill, Winslow, Collingswood, and Voorhees. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 309-9007 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1202 Laurel Oak Rd #207 Voorhees Township, NJ 08043.