Q: My daughter is 18 and will be attending college this fall. Am I responsible for child support while she lives on campus?
I was never married to her mother...paying 1/2 of everything, not court order(college). Her mother has residential custody. I have joint/legal custody. Thank you in advance for any information you can provide.
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- New Jersey
- (973) 798-6131
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- Answered
A: Yes, you are, she is not emancipated.
A: Absent a court order stating otherwise, child support now ends at age 19 as a matter of law. Prior to 2017 the burden of proving that an "adult-child" should be emancipated fell entirely on the paying parent (in NJ, this was like trying to find the Holy Grail). With the recent change in NJ law this burden has now shifted to the payee parent who is required to petition the court in order to keep an adult-child as unemancipated and receiving financial support beyond the age of 19. However, since you say your daughter will be soon be attending college, it's likely your ex-girlfriend will file a motion asking the court to order you to continue paying her financial support. Just bear in mind that In such circumstances the child-support guidelines will no longer apply and the court will need to make a fact-sensitive determination based on the circumstances of your case.
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