Family Law: Does my child support payments now automatically end at age 18?

Another way to address this question is whether a child automatically emancipates at the age of 18. Conventional wisdom and common sense might tell you that when a person reaches the age of 18, they are legal adults.

However, in the context of family law, a child is not automatically emancipated at the age of 18. Instead, emancipation only occurs when a child reaches 18 years and/or becomes financially independent.

The courts determine emancipation on an individual basis. New Jersey has no fixed age or specific event when support automatically stops unless it is stated in the court order. In some cases, child support may continue beyond the age of 18 or high school graduation.

To emancipate a child one of the parents must ask the court to end or change the support order, or both parents can agree and sign a request for case closure. The emancipation of a child does not automatically excuse the payment of arrears that have accumulated. It should also be noted that most courts will not terminate child support if a child is enrolled in college.

In our next article in the Family Law series, we'll discuss under what conditions a parent can stop paying child support.

For more questions, please contact our office to schedule a consultation.