CHILD SUPPORT
Child Support is NOT intended for your ex-spouse. It
is the right of your child(ren). New Jersey maintains a complex equation based
on the respective assets and debts of each spouse. While this seems relatively straight forward,
the law leaves open to interpretation just how long child support will be
required.
Most people
don’t realize that in New Jersey, child support does not automatically end when
a child reaches 18. Child support often continues until the child finishes
college. Since emancipation in New Jersey is not automatic, a person paying
child support must formally apply to the Court to emancipate the child to end
the support obligation. In determining whether to emancipate, the Court will
consider such factors as whether or not the child is a full time college
student, whether the child is progressing satisfactorily through college, the
age of the child, whether or not the child is working or should be working, and
any special needs which the child may have.
Emancipation:
Emancipation of a child means that the parents no longer bear the burden of
supporting the child. All financial duties and obligations cease. However, In
New Jersey, there is no set age or condition that triggers emancipation. A
complicated, case by case analysis of the child’s circumstances is the process
by which New Jersey will release a parent from their child support obligations.
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