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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
3
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
NEW CHILD SUPPORT STATUTECHILD SUPPORT STATUTE
4
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 6
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?
7
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?
8
NEW CHILD SUPPORT STATUTE
Tips for Parents
Paying or Receiving
Child Support
NEW CHILD SUPPORT STATUTEc
10
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
11
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.HTM
Timelines 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.
12
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
(888) 855-3014
S C H E D U LE A F R E E CO N F I D EN T I AL CO N S U LTAT I O N
CO N TAC T U S

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New Jersey's New Child Support & Emancipation Statute

  • 1. Bedminster • Freehold • Hackensack • Mount Laurel • Parsippany New Jersey’s New Child Support & Emancipation Statute
  • 2. NEW CHILD SUPPORT STATUTE Anatomy of the New Law: Child support and emancipation in New Jersey
  • 3. NEW CHILD SUPPORT STATUTECHILD SUPPORT STATUTE 3 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
  • 4. NEW CHILD SUPPORT STATUTECHILD SUPPORT STATUTE 4 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.
  • 5. Fitting Into An Exception: How can support continue?
  • 6. 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 6
  • 7. 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? 7
  • 8. 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? 8
  • 9. NEW CHILD SUPPORT STATUTE Tips for Parents Paying or Receiving Child Support
  • 10. NEW CHILD SUPPORT STATUTEc 10 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.
  • 11. NEW CHILD SUPPORT STATUTE 11 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.
  • 12. NEW CHILD SUPPORT STATUTE Source for complete statute: www.njleg.state.nj.us/20102011/S0500/428_I1.HTM Timelines 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. 12
  • 13. 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 (888) 855-3014 S C H E D U LE A F R E E CO N F I D EN T I AL CO N S U LTAT I O N CO N TAC T U S