Passage of Termination of Child Support Law
This new child support law establishes 19 as
the age when a child support and/or medical support obligation will end. The
new law allows for child and/or medical support to continue up to age 23 for
cases in which the dependent is still in high school; attending full-time
college, vocational or graduate school; is disabled; if the parties reached a
separate agreement; or, if continued support was granted by the court.
The effective date of the law is February 1, 2017, and applies to all child
support orders.
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.
If there is no response to the first
notice, a second Notice of Proposed Child Support Obligation Termination will
be sent out 90 days before the dependent's 19th birthday. If no continuation is
granted after the second notice, the order of support will end as of the
child's 19th birthday. Both parties will receive an updated order reflecting
this change.
If back child support is owed when the child support terminates, the
non-custodial parent still is responsible for paying that off and the order
will still be enforced for the arrears.
If you receive an updated order for
continued support and wish to oppose it, you may file an application or motion
with the court. If there are younger children on the order in addition to the 19-year-old
(or older) child(ren), parents may file an application or motion with the court
to adjust the child support amount.
In order to ensure that all
notices and informational updates are received, please confirm that the Child
Support Program has your most current mailing address, cell phone number and
email address.
Child support Termination Law Basics
Q. What does this new termination of child support law
do?
A. The new termination law establishes that child support ends
automatically on the day that the child marries, dies, enters military service
or turns 19 years old.
source
http://www.njchildsupport.org/Services-Programs/Custodial-Parents/Termination/Termination-FAQs.aspx#basics1
Q. What is the effective date of this law?
A. The effective date of the law is February 1, 2017, and the law will
apply to all New Jersey child support orders issued before, on, or after that
effective date. the first "Notices of Proposed Child Support Obligation
Termination" and "Notices of Child Support Obligation" will be
mailed to parents on February 1, 2017.
Q. Can child support be continued beyond the child's
19th birthday?
A. Yes, if a different age is specified in a court order or the custodial
parents submits a "Request for Continuation of Support" form with
supporting documentation as proof that the child is either:
1 Still enrolled in high school or other secondary-educational program;
2 Still enrolled full time in college or other post-secondary education
program; or
3 Has a physical or mental disability, as determined by a federal or state
governmental agency that existed prior to the child reaching the age of 19 and
requires continued support.
Q. Can a child support obligation be exempt from
automatic termination upon the child's 19th birthday?
A. Yes. A court order that specifies a different age of termination exempts
that support obligation from automatically ending. Child support cannot extend
beyond the date the child reaches age 23. Parents may still receive a
"Notice of Proposed Child Support Obligation Termination" even if
they have such an order. If this occurs, either parents must return the
"Request for Continuation of Support" form with a copy of the court
order that includes the termination date. Upon receiving the form and the
order, the assigned Probation Unit will update the case record to reflect the
termination date in the court order (as long as it is before the child's 23rd
birthday).
Also, child support shall be exempt from automatic termination if the child
is still receiving support in an out-of-home placement through the Division of
Child Protection and Permanency (DCP&P) in the Department of Children and
Families (DCF) past the age of 19. Child support will end upon notification by
DCP&P that the child is no longer in placement or the child's 23rd
birthday, whichever occurs first.
Q. Will I be notified prior to the termination of
child support?
A. Yes. For support orders that are being supervised by the Probation
Division of the Superior Court, both the custodial and non-custodial parent
will receive a "Notice of Proposed Child Support Obligation Termination"
180 days before the child support obligation termination date. If no response
is received, a "Second Notice of Proposed Child Support Obligation
Termination" will be sent out 90 days before the child support obligation
termination date. If the child on the case is already over the age of 23 or
approaching his/her 23rd birthday or other court-ordered termination date, both
parents will receive a "Notice of Child Support Obligation
Termination" 90 days prior to the obligation termination date. Please
make sure that the Child Support Program has your current mailing address on
file so that termination notices are sent to the correct address.
Q. If a custodial parent requests a continuation of
child support beyond the child's 19th birthday, must he or she provide a new
proposed termination date?
A. Yes; all "Request for Continuation of Support" forms must
contain a future date in which child support would end and it must be before
the child's 23rd birthday. The proposed end date must be supported by any
documentation provided. For example, if the request for continuation is based
on the child remaining a high school student, the proposed future termination
date should be the child's expected high school graduation date.
Q. Can child support be continued beyond the child's
23rd birthday?
A. No; "child support" cannot continue past the child's 23rd
birthday. The parent or the child may petition the court to convert the child
support to another form of financial maintenance or financial
support for a child that has reached the age of 23. This order, should it be
granted, would not be considered "child support," and is not
enforceable or monitored through a Probation Unit.
Q. What does "financial maintenance" mean?
A. Financial maintenance means court-ordered support that is outside of the
child support program and therefore not enforceable by the Probation Child
Support Enforcement Unit (PCSE). The court may still order a parent to pay
toward the cost of raising and/or supporting a dependent past his/her 23rd
birthday. For example, the court may order one parent to pay toward the cost of
the child's college tuition or medical expenses.
Q. Does the obligation to provide medical support
and/or medical coverage also end when the child support obligation is
terminated?
A. Yes; all court-ordered obligations to pay or provide medical coverage
will end when the child support ends. However, custodial parents may file a
motion or application to request medical be enforced until the child's 23rd
birthday. If not court ordered, either parent may voluntarily provide medical
coverage for their child through their employer up until the age of 26
according to federal law and up until 31 under New Jersey law if certain
conditions are met.
Q. I have two children, one is under the age of 19 and
one is over the age of 19. The older child is not eligible for a continuation
of child support. Does this mean they will both be automatically terminated?
A. No; the termination of child support only will apply to the child that
is over the age of 19, if there is no other termination date specified in the
court order. The obligation to pay support for the younger child will continue.
Situations for which child support may continue after
age 19
High school/college or other secondary/post-secondary
education
Q. Will termination of child support be automatic or
will one of the parties have to file with the court for termination? If it is
automatic, what happens if the child is still a full-time student?
A. Termination is automatic upon the child's 19th birthday. If the child is
a full-time student and under the age of 23, the custodial parent must submit
the "Request for Continuation of Support" form, along with the
necessary documentation and both parents will be notified whether the request
for continuation of support was approved.
Q. If a child is 19, still in high school and does not
plan on attending college after graduate, will child support be terminated?
A. No. If the custodial parents submits the "Request for Continuation
of Support" with supporting documentation from the high school that the
child is still a student then support should continue. The child's projected
high school graduation date will then be determined as the date of termination.
Q. My child is 19 years old and currently in college
or will be starting college. How can continuation be requested and what
documentation is needed to support the request?
A. The custodial parent must send in the "Request for Continuation of
Support" form that was mailed with the "Notice of Proposed Child
Support Obligation Termination" along with proof from the college or other
post-secondary institution that the dependent is currently enrolled in what the
institution considers full-time status.
Q. Can child support continue if my child takes a
semester off from college?
A. It depends. If Probation is notified of the break in educational status,
the situation will be reviewed on a case-by-case basis and the decision will
depend on the facts and documentation provided. If the Probation Department is
unable to determine that the child will resume full-time college-student
status, the custodial parent may need to file with the court to request that
child support continue based on exceptional circumstances.
Situations for which child support may continue after
age 19 - Disability
Q. If my child has a disability, can I request child
support beyond their 19th birthday?
Yes; if you are a custodial parent with a child support case for a
dependent with a disability, you may return the "Request for Continuation
of Support" form that is attached to your "Notice of Proposed Child
Support Obligation Termination" with supporting documentation from a
government agency that provides services to individuals with disabilities. This
documentation must confirm that the child has a physical, intellectual or
developmental disability that existed prior to his/her reaching the age of 19
and requires continued support. Support through the child support program may
only be continued until the dependent's 23rd birthday. However, the parent or
the dependent may petition the court to convert the child support obligation to
another form of financial maintenance or financial support beyond the age of 23.
Situations for which child support may continue after age
19 - Prior Court Order
Q. I have a Judgment of Divorce (JOD) that states
the child support shall terminate upon the child's graduation from college.
Will child support terminate when the child graduates college or the child's
19th birthday?
Child support will terminate upon graduation as specified in the court
order as long as the dependent is under age 23. If the parties agree that
support should continue, their agreement will be outside of the child support
program.
Parents still may receive a "Notice of Proposed Child Support
Obligation Termination" because the Judgment of Divorce specifies an event
and not a specific age or date. If that is the case, the custodial or
non-custodial parent must submit a copy of the order and proof of college enrollment
with the anticipated graduation date so that it can be verified.
Continuation Request Process
Q. How long do I have to request a continuation of
support?
The "Request for Continuation of Support" form and acceptable
supporting documentation must be received no later than 45 days prior to the
termination date in order to be considered. The due date will be specified in
your notice. Any request form received past that due date will not be
considered. At that point, the requesting party will have to file a petition
with the court to request a continuation.
Q. What if I forget to send in the supporting
documentation with my "Request for Continuation of Support," or I
send in the wrong document?
As long as the correct documentation is received before the
deadline indicated on the form, it will be accepted for review. In order for a
request to be reviewed in a timely manner, please include a copy of the
original "Request for Continuation of Support" when sending in the
correct documentation. Another copy of this form can be requested from the
online customer account or by calling 1-877-655-4371.
Q. What if I lose or never receive a "Request for
Continuation of Support" form?
A copy of the "Notice of Proposed Child Support Obligation
Termination" which includes the "Request for Continuation of
Support" can be mailed to you by logging into your account on www.njchildsupport.org. You also may
request that the document be resent to you by calling 1-877-655-4371. Please
make sure that the Child Support Program has your current mailing address on
file. Addresses can be updated online.
Q. My child is now 23 years or age. I've received
notice informing me that my child support will be terminated, what effective
date will be used?
A. Any current case with a dependent age 23 or older will be sent a
"Notice of Child Support Obligation Termination" on February 1, 2017.
The termination date will be May 1, 2017, and not the
child's 19th birthday, regardless of the dependent's actual age.
Q. My child is 21 years old and working full time.
S/he is not a college student. What effective date will be used to terminate
the child support obligation?
A. Any current case with a dependent between the ages of 19 and 23 will be
sent "Notice of Proposed Child Support Obligation Termination" on
February 1, 2017, with a termination date of August 1, 2017, not the
child's 19th birthday. If no response is received to the first notice and a
termination date has not been modified by a court order, a "Second Notice
of Proposed Child Support Obligation Termination" will be sent on May 1,
2017. If support is not continued, the child support obligation will terminate
on August 1, 2017.
Q. If I do not agree with the termination or
continuation of support, what can I do?
A. If you do not agree with the "Determination of Request for
Continuation of Support" finding, you may file a motion or application
with the court in the county of venue, which is usually where the original
order was issued.
What kinds of situations might occur after child
support ends?
Q. What happens in cases with children over the age of
19 and the non-custodial parent still is paying child support?
A. Both parents will receive a child support termination notice. If there is
no approved continuation for support, the child support obligation will
automatically end on the termination date listed on the child support
termination notice. If there are no other children on the order or outstanding
arrears, any active Income Withholding Orders will end, as well, If health
coverage was a provision of the child support order, the employer will also be
notified that they no longer are under court order to provide medical
coverage. Employees and employers should discuss whether coverage for
the dependent will continue.
Q. If my child support is terminated for all my
children and there are arrears (unpaid child support) on the case, will the
case still remain open?
A. Yes. Even though the obligation for current support will
end, the case will remain open until the arrears are paid off. The noncustodial
parent is still responsible for paying the recurring child support amount that
existed prior to termination PLUS the arrears payback amount
unless a different amount is ordered by the court.
Example: The
non-custodial parent pays $75 per week in current child support and $25 per
week toward the arrears. After receiving the "Notice of Child Support
Obligation Termination" for his only child, there are remaining unpaid
arrears. He now owes $100 per week arrears payback until the arrears are
satisfied, unless the court modifies that repayment amount.
Q. I am a non-custodial parent and have three
children. Only the oldest one will be over the age of 19 when this law goes
into effect. How much will the obligation be after the obligation for the
oldest child is terminated?
A. It depends on whether your order is unallocated or
allocated. An unallocated order means that there is one
obligation amount paid for all the children. An allocated order has a specific
support amount for each child. Most orders in New Jersey are unallocated.
If you have an unallocated order with a remaining child(ren) after an
obligation is terminated, you still are responsible for paying the total child
support amount plus arrears, if applicable unless a different
amount is ordered by the court. If you have an allocated order with a remaining
child(ren) after termination, your support order will be adjusted automatically
to deduct the amount of the terminated obligation.
Q. How can I tell if my child support order is
unallocated or allocated?
Look at the body of your order or section #24 of the Uniform Summary
Support Order (USSO). If you do not see any individual amounts in the order,
then you most likely have an unallocated order.
Q. If there is an income withholding active on my
case, will the employer be notified of the support obligation termination?
Yes, Once an obligation terminates or the amount is adjusted an amended
Income Withholding Order will be sent to the employer automatically.
Q. If medical coverage is provided through an employer
for a dependent, will the employer be notified of that termination?
Yes. If providing health coverage was a provision of the child support
order, the employer will be notified that it is no longer required to cover the
children. However, the employee and employer should discuss whether
health coverage for the dependents should continue.
Intergovernmental Cases
Q. Does the New Jersey age of child support
termination affect my order that was established in another state?
A. No. The Uniform Interstate Family Support Act (UIFSA) provides that
child support ends according to the law of the State in which the order was
established and cannot be changed by another state. This new law applies only
to child support orders established by New Jersey.
Q. My child support order was established in New
Jersey but I now live in a different state. I have an interstate case with my
order registered in my home state. Where will my termination notices be mailed?
A. The "Notice of Proposed Child Support Obligation Termination"
and subsequent notices will be mailed to the child support agency in the state
in which the order is currently registered. The other state agency must then forward
the notices to you at the address it has on file.
source
http://www.njchildsupport.org/Services-Programs/Custodial-Parents/Termination/Termination-FAQs.aspx#basics1
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