Last week in New Jersey, the Senate voted in favor of bill S-1046. This bill would terminate child support when the child or children reach 19 years of age. Under the current law, a child is entitled to support from their parents until the child is emancipated. The term emancipation is defined by court order, judgment or agreement. There is no presumptive termination date in the State of New Jersey for child support.
Child support is a right that belongs to the children. Both parents have an affirmative obligation to provide support for their children. This bill would require the parent who receives support to file an application with the court providing proof that the child is not emancipated. The new legislation would guarantee that child support could not be received by any child past the age of 23. There may be reasons why child support would continue past 23, either by agreement or court order.
Stay tuned for more information on this bill and opposition to the bill by the New Jersey State Bar Association and other organizations.