Bedminster • Freehold • Hackensack • Mount Laurel • Parsippany

New Jersey’s New Child Support & Emancipation Statute

NEW CHILD SUPPORT STATUTE

Anatomy of the New Law:

Child support and

emancipation in New Jersey

NEW CHILD SUPPORT STATUTECHILD SUPPORT STATUTE

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Major Changes to Child Support Law

•New law, starting on February 1, 2017, provides certainty for when child support ends:

• Child Support automatically ends at age 19 unless:• Another age (less than 23) is stated in a prior order or agreement• Child is a full-time undergraduate student• Child is disabled (mentally or physically)• If the child is the care of DYFS

•The longest a child can remain unemancipated is 23

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Major Changes, continued…

• Parent paying support no longer has the burden to file for the child’s emancipation. Payee must return request for continuation form with proofs and proposed date of emancipation no later than 45 days of termination date.

• Process for emancipation will begin automatically at 19 and, if necessary, again at 23

• Possible exception: if child’s schooling or disability ends between 19 and 23, parent paying may have to file motion with the court to emancipate.

Fitting Into An Exception:

How can support continue?

NEW CHILD SUPPORT STATUTECHILD SUPPORT STATUTE

Exception: Continuing Education

Definition of Education is Broad:Colleges, Universities, vocational programs and community college

Proofs to Gather• School Transcripts• Tuition Bills

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NEW CHILD SUPPORT STATUTECHILD SUPPORT STATUTE

Exception: DISABILITY Provide proof of disability showing

child cannot work such as a doctor’s statement

Proof of disability from Social Security

Unclear if IEP or 504 Plan is sufficient to prove disability

Hospital records?

Mental health facility records?

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NEW CHILD SUPPORT STATUTE

Possible Issues That May Arise

Law will be enforced by county probation agencies. No room for interpretation

Possible conflict with existing law, i.e. notice during Military deployment

Issues will have to addressed thru legislative change or thru a court action

No mention of permanently disabled or special needs children?

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NEW CHILD SUPPORT STATUTE

Tips for Parents Paying or Receiving Child Support

NEW CHILD SUPPORT STATUTEc

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Some Tips for Parents Paying Support

•Be aware of arrears! Just because your obligation going forward ends, does not mean you are caught up. Your account remains open and you will pay full amount (child support PLUS arrears order) until arrears paid off.

•Emancipation means your child can no longer be a tax deduction. Other benefits may be effected. Talk to your financial advisor.

• If you wish to continue to pay support, you may do so at your discretion, outside of the court system.

NEW CHILD SUPPORT STATUTE

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Some Tips for Parents Receiving Support

•Make sure your probation department has an accurate address•Be aware! You will receive 2 letters when your child is

turning 19: six months prior and three months prior. When your child is turning 23, there is only one notice: 90 days prior•Have proof of your children’s reasons for remaining

unemancipated ready to go•Have realistic proposed emancipation date. All orders

extending beyond 19 must have proposed date for emancipation.

NEW CHILD SUPPORT STATUTE

Source for complete statute: www.njleg.state.nj.us/20102011/S0500/428_I1.HTMTimelines as found on njchildsupport.org:

Families with a child age 22 3 /4 or older as of February 1, 2017, will be mailed a Notice of Child Support Obligation Termination on February 1, 2017, with child support ending on May 1, 2017 (and not the child's 19th birthday) as the new law is phased in. Families with a child between the ages of 22 1/2 and 22 3/4 on February 1, 2017, will be mailed a Notice of Child Support Obligation Termination on February 1, 2017, with child support ending on August 1, 2017 (and not the child's 19th birthday) as the new law is phased in.

Families with a child between the ages of 18 1/2 and 22 1/2 as of February 1, 2017, will be mailed a Notice of Proposed Child Support Obligation Termination on February 1, 2017, with child support ending on August 1, 2017 (and not necessarily the child's 19th birthday) as the new law is phased

in. This Notice will contain information on how to request a continuation of child support as well as how the amount of child support may change.

If your Judgment of Divorce (JOD) or support order specifies a termination date other than the dependent's 19th birthday, that date will stand and you will not be permitted to request an administrative continuation of support. However, you still may receive a termination notice and be asked to send in a copy of the JOD or order containing the termination date.

If you have a dependent turning 19 after August 1, 2017, you will receive a Notice of Proposed Child Support Obligation Termination 180 days before your child's 19th birthday.

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Bedminster • Freehold • Hackensack • Mount Laurel • Parsippany

Court Plaza South-West Wing. 21 Main Street, Suite 354 I Hackensack, NJ 07601. Phone: (201) 642-2000 WeinbergerLawGroup.com

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