Q: Must you go back to court to terminate the child support payment if you have an property settlement agreement in NJ?
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A: The answer is yes if your former spouse signs a letter in favor of the probation department confirming the date of your child's graduation from college and an acknowledgment that child support terminates upon that date. If your former spouse refuses/fails to sign same, how would the probation department know that your child is emancipated? If you send them paperwork saying that it ends, they will send a letter to your ex asking her to sign the form acknowledging it and if she fails to do so, they will most likely (99%) tell you that you need to file an application with the court. So, I would get a letter signed by your ex NOW acknowledging the date of termination and get that sent over to the probation department, so it has time to process it and has the date in its system.
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A: I agree with my learned colleague attorney Diamond. Even though the property settlement may provide for automatic termination of child support, there is no better way to eliminate the obligation and not have it subject to question than a Court Order. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
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