This law (N.J.S.A. 2A:17-56.67 et. seq.) went into effect on February 1, 2017. It impacts the timeframe of termination of child support. This only affects cases where New Jersey has the controlling order.
Unless otherwise provided in a court order, the obligation to pay child support will terminate by operation of law without an order of the court on the date that a child marries, passes away, or enters into military service.
In addition, child support will terminate when a child reaches the age of 19 years unless:
- Another age for the termination of the child support obligation is specified in a court order(but not beyond the age of 23), or
- The child is receiving support in an out-of-home placement through the Division of Child Protection and Permanency in the Department of Children and Families, or
- A written request seeking the continuation of child support is submitted to the court by a custodial parent prior to the child reaching the age of 19 in accordance with one of the requirements specified by law:
- The child is still in high school or other secondary education
- The child is a student in a post-secondary education program and is enrolled for the number of hours or courses the school considers to be full time attendance during some part of each of any five calendar months of the year
- The child has a physical or mental disability, as determined by a federal or state government agency, that existed prior to the child reaching 10 years of age and requires continued support.
- Due to exceptional circumstances (must be approved by the court)
If the court finds that the documentation submitted by the custodial parent establishes sufficient proof to continue child support beyond the child’s 19th birthday the child support obligation is not terminated by operation of law and the court will issue an order establishing the prospective date of child support termination.
Notwithstanding any exceptions, the obligation to pay child support terminates by operation of law when a child reaches 23 years of age. Both parents will be sent a written notice of termination at least 90 days prior to the termination date.