Owed Overdue Child Support After the Age of Majority in NJ: What Can I Do?

Outstanding Amounts of Child Support Do Not Simply Disappear Once the Child Becomes an Adult in Monmouth and Ocean County, New Jersey

When a couple with children divorces in New Jersey, the non-custodial parent has a legal duty to financially contribute to the child’s upbringing. Child support covers such expenses as housing, food, healthcare costs, school supplies, and extracurricular activities. So how long must the non-custodial parent contribute to the child’s financial wellbeing? In New Jersey, the age of majority at which a youth legally becomes an adult is 18 years old. However, since 2017, the age until which a parent is required to pay child support is 19 years old. Once the child reaches 19, in most cases the parent’s legal financial duties are dissolved. There are some circumstances in which the non-custodial parent will be legally obliged to provide child support beyond the New Jersey age of majority, as well as some cases in which obligation ends beforehand. The actual end of child support duty at the age of majority also depends on whether the parent is up-to-date with child support or whether there are outstanding payments to be made. For this complex and important scenario, it is important to have the support and legal counsel of a qualified family law attorney. Contact Bronzino Law Firm at  (732) 812-3102 today for a free consultation to discuss your child support case and options to collect past due child support that you are owed even after your child turns 19.

Situations Where Child Support can Continues Beyond the Age of Majority in NJ

There are some exceptions to the New Jersey child support age limit of 19 years old. A court order may provide a different age until which the non-custodial parent is legally required to pay child support, particularly if the child is still in high school, attending a post-secondary educational program full-time, or are mentally or physically disabled and in need of continued financial support. The court may provide these amendments in the original child support order, or the custodial parent may file a motion with the court requesting extended child support. The burden of proof of need falls on that parent. Additionally, the non-custodial parent can request that child support payments be terminated before the age of 19, including if the child is emancipated, gets married, or joins the military.

Child Support may Extend After 19 to Cover Post-Secondary Education, But Not Automatically

In New Jersey, the custodial parent can file a request for continued child support payment to help with costs associated with post-secondary education like college. In requesting the additional amount, the parent must provide proof of need, including documentation of tuition costs, room and board, and other associated expenses. The court determines the final required payment.

The Newburgh v. Arrigo case set a precedent for the factors a court takes into consideration when determining whether and how much a parent will be required to contribute to college tuition and expenses. The Newburgh factors include the parent’s economic capacity, their relationship with their child, the amount sought, the child’s aptitude for continuing education, and other considerations.

How Parents can Collect Past Due Child Support Payments in New Jersey

Regardless of the date after which one’s child support obligations are legally terminated, past-due payments do not disappear. It is important to settle all outstanding child support dues; unpaid debt becomes arrears and will be collected one way or another. Enforcement options include income withholding, seizing assets, placing the paying parent’s property on liens, suspending their driver’s license, or seeking legal action such as arrest for contempt of court. In essence, parents who are owed child support can still collect outstanding payments after their child reaches the age of 19.

Statute of Limitations for Collecting Overdue Child Support in NJ

The statute of limitations for collecting arrears after the child support order is terminated is five years.

Seek Reimbursement for Child Support Arrears with Guidance from Bronzino Law Firm in Southern New Jersey

The importance of having a family law attorney on your side can’t be overstated. When it comes to understanding child support obligations and options for payment and modification, including how orders will be enforced, you need to have an experienced lawyer on your side. We recognize the financial strain that shifting economies can have on meeting child support obligations, and we also know how important financial support is for ensuring a child’s continued welfare. We work for you in support of the best interests of your child. The attorneys at Bronzino Law Firm are a trusted resource for all aspects of family law, including New Jersey child support, serving clients in Neptune, Sea Bright, Toms River, Howell, Brick, Beachwood, Brielle, Island Heights, and throughout Ocean and Monmouth Counties. Contact us and set up a free, confidential consultation today by calling (732) 812-3102.