The Court Addresses: When Does Child Support End?_child law Labor Day

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The Court Addresses: When Does Child Support End?

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lindakernslaw 2009-01-21 01:40:47 Publish:

Many people wonder how long they will have to pay child support or, if they are the parent receiving the support, how long that support will last. The answer depends on a variety of factors, but most importantly for the geographical areas where I practice, whether you are subject to New Jersey or Pennsylvania law.

In Pennsylvania, generally speaking, a child is emancipated at the age of 18 or graduation from high school, whichever is later. Accordingly, if the child turns 18 during the senior year of high school, the support will last until high school graduation. If the child turns 18 slightly after the high school graduation, the child support will last until their birthday.

In New Jersey, we do not have a bright line, automatic emancipation rule. Accordingly, if a child is still dependent on their parents, and under the parents’ sphere of influence, child support will continue, as well as, in most cases, payment for secondary school expenses, such as college tuition.

As with any rule, there are exceptions and qualifications. However, this represents a disparate result in states that border each other. In New Jersey, the matter has been litigated time and again so the rule will probably not change any time soon. Likewise, in Pennsylvania, the emancipation rule is most likely here to stay.

In New Jersey, the Appellate Division recently reviewed a case wherein the parents had consented to vacate the daughter’s child support on the basis that she was emancipated. Apparently, the father no longer wished to pay child support, and, in any event, had only agreed to pay as long as she continued as a full time student. The mother apparently also had problems with her and the Opinion indicates that she was the complaining witness in some type of criminal charges against her. When the child support was terminated, the daughter actually intervened in the action. The trial court, without holding a hearing, declared that the support for the daughter should continue. When the Appellate Court reviewed the case, it found that the trial court should not have made the decision without a full hearing. Accordingly, the case was remanded back to the trial court.

Notably, the court, as in all of these types of cases, looks to the specific facts, such as the transcript, the child’s grades, the circumstances surrounding her relationship with either parent and whether or not she was under their sphere of influence, and how she supported herself. Therefore, to prepare for this type of argument, be ready to present clear evidence. If you would like to look for this case, the name of the case is Novy v. Novy and the docket number is A-4207-07T2. However, this case does not have precedential value as it has not yet been approved for publication. Yahoo: child labor law The Court Addresses: When Does Child Support End? child law Labor Day
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