When will my child be emancipated from child support?

If you believe your child is old enough or has the means to support themselves, you might be interested in emancipation. If you believe your child should be emancipated, continue reading to discover the answers to the most common questions you might have regarding the topic. Reach out to our experienced attorney with any further questions you might have regarding this process. We are prepared to walk you through a process such as this with your best interest in mind.

What age is child support paid until?

It is common in several states that a child is automatically emancipated at the age of 18. However, this is not the case in New Jersey. For a child to be emancipated in New Jersey, they must either no longer live with their parents or no longer depend on them financially.

When will the state of New Jersey recognize my child as emancipated?

There are multiple factors that determine whether your child is ready for emancipation. The factors that may prolong or even halt child support payments are as follows:

  • When your child turns 19, it is common for them to be considered emancipated in New Jersey. However, parents can still request an extension on child support payments if their child is a full-time student, living at home, or has a disability that requires support
  • When your child turns 23, under any circumstances child support is no longer allowed to be requested
  • If the date of child support termination is reached and a parent is in arrears, the amount he or she owed is not erased until all payments are made.

Can a child emancipate themselves in New Jersey?

It is possible for a child to petition the court for emancipation to make their own decisions and support themselves financially. The following are reasons a child may petition for emanicaption:

  • The child joined or is joining the military
  • The child is financially independent and has a full-time job
  • The child has become pregnant or has children of their own
  • The child is no longer living with his or her parents
  • The child is married

The court still takes these matters case-by-case, meaning it is not guaranteed for the court to grant emancipation because it has been petitioned.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee.

To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about moving out of your marital home during your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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