In a New Jersey divorce in which the couple has children, child support will likely be a necessity. The custodial parent and the noncustodial parent should understand the laws surrounding child support, how long it will last and when it might end. There are rules under state family law that dictate its duration, how much it will be and when it will terminate. In some circumstances, the termination of child support will end automatically. In others, it may continue.
In most cases, the child support will generally end at age 19. However, for children who are still in school and attending full time, the child support could continue through age 23. The custodial parent must complete a form to continue receiving the support payments. There must be documentation and the parents will be informed if the request to continue support has been approved by the court.
If the child is still in high school at age 19, the child support will continue if the custodial parent submits the necessary documentation to show the child has yet to graduate. There will be a projected date at which the child will graduate regardless of age and that will be the date of termination. When the child is 19 and attends college or plans to attend college, the request form must be filed for child support to continue. There must be proof that the child is attending college.
Some students are attending college, but take a break with a semester off. The circumstances of the semester break will determine if child support will continue. If the child is having problems in school and is placed on probation, it might have an impact on child support. The case itself and the circumstances will determine whether the payments must continue. The Probation Department will analyze the student records to come to its determination. The parent may need to file for support to continue. The court might need to see exceptional circumstances to agree.
Preconceived notions about child support often suggest that it is for young children and teens. It can continue for those who are not graduating high school until they turn 19 or who continue in their educational pursuits by going to college or another secondary educational institution. When a custodial parent needs child support to continue or a noncustodial parent is seeking child support termination, it might be wise to have legal assistance. A firm experienced in family law should be consulted with for child support issues.