Randolph, NJ asked in Child Support for New Jersey

Q: Nj son is 18 years old, my husband says he no longer supports him. Can he?

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2 Lawyer Answers

A: Thank you for your question. The answer would depend on a number of things. Is this your ex-husband, or a current husband? Was there already a child support order in place prior to your son turning 18? In New Jersey, if there was a child support order, the support automatically terminates at age 19 unless certain circumstances exist. For instance, if your son were a full-time college student or had a government recognized disability, his child support may be continued past age 19, but would not go past age 23. I encourage you to contact an attorney to schedule a consultation so that the lawyer can provide an answer specific to your case.

A: Thank you for your question. I'm sure your husband's statements are very frustrating. The answer depends largely on your individual circumstances. Factors to consider are is this his father or step father? Do you have an existing support order? Is it paid through the probation department? Is your son a full time student? Does he have a disability?

Generally speaking support should continue, at a minimum, through the child's 18th birthday or graduation from high school, whichever occurs later. If the child is going on to college or trade school on a full time basis then the support should continue until the child graduates, drops below full time or is otherwise emancipated due to age or circumstance.

The best thing to do is to consult an experienced family law attorney who can evaluate your specific situation and give you individualized advice. Many family law attorneys, including my firm, offer free consultations for this very purpose.

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