Most parents know that child support is a form of financial support that one or sometimes both parents will pay to ensure that their children have adequate food, clothing, education, and healthcare.
However, recently the New Jersey legislature has enacted a new statute that affects how long a parent may be obligated to pay child support for their child or children. This has caused concern for many parents throughout the county and state who has a child with special needs and needs to have support for their child.
If you have questions or concerns about permanent child support payments in Monmouth County, contact a Monmouth County permanent child support lawyer today.
A dedicated and experienced child support lawyer can help explain the changing laws, help modify current child support orders, and can help parents file for permanent child support.Permanent Child Support
Child support is not intended to be a permanent form of support for a child, because after all children grow up, move out of the house, and eventually start their own lives. However, there are a few exceptions where a parent may be required to pay permanent child support for their child.
However, it is important for parents to know that recently New Jersey enacted a new child support statute which is most cases limits the amount of time a parent will be obligated to provide for child support.
On February 1, 2017, mental or physical disability¸ went into effect. N.J.S.A. § 2A:17-56.67 provides:
Unless otherwise provided in a court order or judgment, the obligation to pay child support shall terminate by operation of law without order by the court on the date that a child marries, dies, or enters the military service. In addition, a child support obligation shall terminate by operation of law without order by the court when a child reaches 19 years of age.
This means that in most cases child support will not be enforced through the Monmouth County Probation division and will mean that a parent will not be able to collect child support for their child past the age of 19. However, a Monmouth County Permanent Child Support Lawyer can explain the exceptions to this statute.Reasons Why Child Support May Continue
While it is true that N.J.S.A 2A:17-56.67 will generally terminate child support when a child turns 19, there are several exceptions that are built into the statute. Specifically N.J.S.A 2A:17-56.67 provides that child support may continue if:Child is Enrolled in High School
Generally, the court will terminate child support if a child is emancipated, meaning they are free from their parents influence, however when a child is still enrolled in high school it is uncommon for them to be considered emancipated, and the statute provides that this is a reason to continue child support.Child is Enrolled in College
College is an important time in a young adult’s life, and the New Jersey legislature has recognized that it is important for students to continue their education past high school, therefore child support may continue while a child is enrolled in post-secondary education, however, the statute does not permit child support past the age of twenty-three in these cases.Child is Receiving Support In and Out of Home Placement
In cases where a child is removed from a parent’s home by the Division of Child Protection and Permanency, a parent will be obligated to continue paying child support.Can Child Support be Permanent?
There is only one exception to the newly enacted child support statute, which may allow for permanent child support in Monmouth County.
Under N.J.S.A. § 2A:17-56.67, child support may continue beyond 19 and the extended age of 23 in certain exceptional circumstances to order that a parent continues to pay child support for their child or children.
N.J.S.A. § 2A:17-56.67 specifically includes mental or physical disabilities as a reason for the court continuing child support payments.
However, because of the language of the statute, if the court finds that the child suffers from a physical or mental disability as determined by a state or federal agency, they may order child support, but it will be considered another form of financial support.Contacting a Permanent Child Support Attorney
If you are filing for permanent child support, or have questions about how child support can continue in light of the recently enacted child support statute, contact a dedicated Monmouth County permanent child support lawyer today.