Q: Do I still have to pay child support for a child over 19 that is not in school ?
My son turned 19 last June 2023. He is not going to college and working full time and I noticed my Child support amount has been the same for the last 9 months. When i inquired with Child Support they told me I have an "unallocated " support order which I was unaware of . I have a second child on that same order who just turned 16. Can I modify my order to stop paying for my 19 year old son or do I need to pay the same amount of support until my daughter turns 19 which is 3 more years ?
A: You need to retain an experienced matrimonial attorney to have your son declared emancipated and seek a reallocation 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.
A:
Thank you for your question.
Typically, child support in New Jersey concludes once the child reaches the age of 19 or is otherwise legally emancipated. However, under certain circumstances, child support can be extended past the age of 19 up until the age of 23. One such circumstance is if the parties have agreed to an alternative child support termination date. Without having reviewed your Court Order or child support agreement, it is possible that you and your co-parent may have agreed to an extension of child support past the age of 19 or another child support arrangement which would require further child support payments.
Even if this is the case, it may be possible to modify your agreement and request that child support be terminated, based upon your child's having turned 19 and engaging in full-time employment. This may constitute a substantial change in circumstances sufficient to modify/end your child support obligations.
I would strongly recommend consulting with a family law attorney on this issue so that you can get legal guidance specific to your situation and child support arrangement. If you would like to read more about child support modification/termination, please feel free to visit our web page on the topic: https://www.ormondlawllc.com/child-support/when-does-child-support-end
I wish you the best of luck in your case.
Disclaimer: The foregoing answer is for general information purposes only and does not constitute formal legal advice nor the formation of an attorney-client relationship.
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