Q: In NJ, does child support automatically end when child reaches 18?. Do I have to file motion for it?.
Divorce papers state 18 if not attending school after high school
A: If the case is being administrated by the probation department, there is supposed to be issued documents prior to the child's 18th birthday asking the custodial parent for documentation of college enrollment, or other information that would continue child support beyond the child's 18th birthday. If documents are not provided, the probation department may close the case. Of course, there is no guarantee that a state agency does what is supposed to do. To be proactive about it, you could file your own motion/application to terminate support.
A: The most important question is whether your child is enrolled in a college or trade school program for the fall ( after graduation from high school). If not, then send an email / text message to your ex stating that the agreement states that upon the child's graduation from high school, if not enrolled full time in college / trade school for the fall, child support stops. Ask politely for written confirmation that your child is either enrolled full time in school or is not enrolled and if not enrolled, ask that your ex sign a paper in favor of the probation department system to terminate child support effective XXXX. If your ex does not agree to sign that paperwork, you can reach out to your probation department officer to let him / her know that your child finished up with school, you confirmed same with your ex in writing and you asked your ex to sign paperwork to terminate the child support and she refused. Ask the probation department person if they can initiate the termination or whether you need to file an application with the court to terminate it effective XXX with your ex to reimburse you for the overpayment. My guess is that the probation department person will say that until your child is 19 years old, they will not terminate it and that they will send your ex a letter asking for verification of your child's status and if nothing is provided confirming the child's attendance at college, upon turning 19, they will get an order of the court to terminate it. So, if you are looking to move the process along quicker, you need to be proactive and potentially file the application on your own.
Michael Andrew Conte agrees with this answer
A: I agree with Mr. Diamond. I realized after the fact that I said that probation would occur prior to the child's 18th birthday, when I meant 19th birthday.
A: Thank you for your question. If your divorce agreement indicates that child support will end at 18 if no college or other school then it can. You should reach out to your probation department to let them know and they will send you forms to complete. It is not automatic at 18, since the law in New Jersey is 19. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation.
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