When parents go through a divorce, they are required to settle matters for the future of their children as well. As the state of New Jersey requires both parents to financially support their children, this includes child support. Child support is compensation paid from one parent to another in order to financially support their child after a divorce. This allows the child to maintain the same standard of living they were used to before the divorce.
How is Child Support Determined?
Matters of child support are handled by the court following the New Jersey Child Support Guidelines. This calculates the child’s expenses with the family’s income to reach to a fair conclusion regarding an amount that is owed. In order to determine what is truly fair, the court will also consider a variety of outside factors. This can include the parents’ financial status, the needs of the child, each parents’ work history, the parents’ earning capacity, the cost of providing for the child, and more. In whole, this allows the judge to make a decision regarding what the parents can provide to give their child a stable upbringing.
What is the Age of Emancipation?
Parents who have physical custody of their child will reside with them the majority of the time. This requires that parent to provide the child with shelter, clothing, food, and more. These expenses can add up and become difficult for one parent to manage on their own, which is why child support is paid from the non-custodial parent. This helps to balance out the cost of living for the child between both parents. However, these payments do not last forever. Child support may end when a child reaches the age of emancipation. In New Jersey, the age of emancipation is typically 19 years old.
While this is true, all families are different and the court is aware of this. It is because of this that child support is handled on a case by case basis and payments do not always end at the age of emancipation. Instead, there are cases in which exceptions can be made. Depending on the circumstances, support can be extended or even terminated early. If the child wants to seek higher education, such as college or trade school, they may not be deemed as emancipated until they finish their education. This may require an extension so that parents continue supporting the child until they can support themselves. Alternatively, if a parent believes that a child is independent and can provide for themselves, they can file a motion to emancipate the child and end support payments.
Contact our Firm
We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928.