NJ child support laws

[robertcmiller]

My wife and I have been seperated for over 6 years, She still lives in NJ but I however have now resided in MN for the past 5 years. I have son from that marrage who turned 18 in August. He has been home schooled his whole life and has not yet completed the work to be able to move into 12th grade. My question is --- Does my obligation to pay support end when he turned 18 or when he finishes/graduates home schooling? Thank you for any information you may be able to provide!

 

[Zephyr]

Does your court order specify when cs stops?

 

[robertcmiller]

It was done over the phone since we live in different states. I dont remember if I got a copy of the order.

 

[Zephyr]

It was done over the phone since we live in different states. I dont remember if I got a copy of the order.

You can contact the clerk of court in the county that handled the most recent cs action (or your divorce-if that was the last thing) and get a copy of the order....no one can or should answer without knowing the wording of your order. They may even fax it to you.

 

[robertcmiller]

I am actually going to file divorce papers but needed to know what the child support law was, I would rather have it not contested as we disagree on the trems of what the support order says. I will contact the NJ county clerks office tomorrow. Thanks!

 

[robertcmiller]

Stopping child support

My son turned 18 and I have stopped paying child support. He and his Mom live in NJ and I reside in MN. He has been home schooled his whole life and has a year and a half left to graduate. Here is my question....is my obligation to pay support intact until he graduates or until he is 18? The support order says NOTHING about when it should be stopped, only the amount I am suppost to be paying per month.

 

[drpepper404]

It can depend on the CS order, however, most states have iron clad ages for ending child support regardless of educational status. Educational status may not apply to you since your son is not invovlved in an accredited school. I would tend to guess a judge would want to ask your wife why he's not finished on time. If NJ is a state that just uses the GED test to determine if home schooled children are meething the level you'd probably win a petition to terminate the child support order.

 

[stealth2]

Actually, in NJ, you have to petition the court to stop paying CS - it is not automatic at any particular age. So OP - if you have a court order to pay? You don't get to just decide to stop paying when you feel like it, regardless of your son's age. You have to ask the judge if you can stop.

 

[momofrose]

Is that true? I am in NJ and my court paper read "child support shall continue until the child of the marriage turns 18 or graduates high school, whichever happens first". If it is addressed in court papers (if op's is as well) why would I have to ask - wouldn't it just be a matter of filing to effect that portion of the order?

 

[stealth2]

According to http://www.judiciary.state.nj.us/csguide/app9a.pdf , there is nothing in the guidelines that states CS ends at 18. These two sections to address children who have reached the age of majority, however:

18. College or Other Post-Secondary Education Expenses
These child support guidelines are intended to apply to children who are less than 18 years of age or more than 18 years of age but still attending high school or a similar secondary educational institution.

25. Support for a Child Who has Reached Majority
These schedules are based on economic estimates of average intact-family expenditures on children from ages zero through 17. These guidelines shall not be used to determine a support obligation for a child who has reached majority (18 years of age) and who is no longer enrolled in high school or other secondary education. After a child reaches majority and completes secondary education, a support obligation, if found by the court to be appropriate, shall be determined in accordance with N.J.S.A. 2A:34-23 and existing case law.

If the specific order states when CS ends, then that is how it goes *for that particular case*. However, if the order is silent on the matter, the payor needs to petition the court to stop CS. If OP did it on his own (and he states that his order is silent on when CS ends) - he is accruing arrears (plus interest) and should expect to find himself in front of an unhappy judge. He shouldn't expect to be granted a telephonic appearance, either.