On February 1, 2017, law changes went into effect regarding the termination of child support in New Jersey under NJSA 2A:17-56.67, et al. While New Jersey has long been a state where child support can continue after a child reaches the age of 18, the new law created a cap of age 23 on child support orders enforced through Probation.& ;
Under the old law, even if a child was no longer dependent on her parents, child support obligations could continue for years until a parent made an application to terminate the existing child support obligation. Under the new law, county Probation Departments are now sending notices to parents with children approaching or past the age of 18 that child support obligations will automatically terminate when a child reaches age 19, or at most age 23, unless the parents inform the Probation Department of why support should continue.
If you receive such a notice in the mail, you should take action immediately, whether you are the parent paying support or the parent receiving support. If you are the parent paying support, and you feel your support obligation should not continue, you need to notify the Probation Department regarding your notice so that an Order terminating support can be entered. If you are the parent receiving support, you must likewise notify the Probation Department if you wish for support to continue, and provide appropriate documentation (e.g. proof of college enrollment) to continue support.
It is extremely important that you act right away regarding any notice you receive regarding termination of support, so that an unfavorable Order is not entered against you. If you do not respond to the Probation Department's notice, and an Order is entered against you, you will need to file a Motion for Reconsideration or Motion to Vacate Order. This is true even if you previously had an Order or Agreement that specifically stated when child support was supposed to terminate or continue. A Motion for Reconsideration or Motion to Vacate creates difficult procedural hurdles that you need to clear in order to remedy the situation, and can be quite costly. This is why it is so critical to address your notice as soon as it arrives from the Probation Department.
If you have received a notice from your local Probation Department regarding the termination or continuation of child support, it is highly recommended that you consult with an attorney to be advised of the proper steps and procedures to follow regarding your child support case. If you have an issue involving termination or continuation of child support, please contact one of our experienced New Jersey Child Support and Family Law attorneys today to set up a free consultation.
THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW AND IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE. IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE TO SPEAK WITH AN ATTORNEY.