Frequently Asked Questions
Termination Law Basics
Q. What does this new termination of child support law do?
A. The termination law establishes that child support ends automatically on the day that the child marries, dies, enters military service or turns 19 years old.
Q. What is the effective date of this law?
A. The effective date of the law was February 1, 2017, and the law applies to all New Jersey child support orders issued before, on, or after that effective date. The first “Notices of Proposed Child Support Obligation Termination” and “Notices of Child Support Obligation Termination” will be mailed to parents on February 1, 2017.
Q. Can child support be continued beyond the child’s 19th birthday?
A. Yes, if a different age is specified in a court-order or the custodial parent submits a “Request for Continuation of Support” form with supporting documentation as proof that the child is either:
- Still enrolled in high school or other secondary-educational program;
- Still enrolled full-time in college or other post-secondary educational program; or
- Has a physical or mental disability, as determined by a federal or state governmental agency that existed prior to the child reaching the age of 19 and requires continued support.
Q. Can a child support obligation be exempt from automatic termination upon the child’s 19th birthday?
A. Yes. A court order that specifies a different age of termination exempts that support obligation from automatically ending. Child support cannot extend beyond the date the child reaches age 23. Parents may still receive a “Notice of Proposed Child Support Obligation Termination” even if they have such an order. If this occurs, either parent must return the “Request for Continuation of Support” form with a copy of the court order that includes the termination date. Upon receiving the form and the order, the assigned Probation Unit will update the case record to reflect the termination date in the court order (as long as it is before the child’s 23rd birthday).
Also, child support shall be exempt from automatic termination if the child is still receiving support in an out-of-home placement through the DCP&P in the DCF past the age of 19. Child support will end upon notification by DCP&P that the child is no longer in placement or the child’s 23rd birthday, whichever occurs first.
Q. Will the parties be notified prior to the termination of child support?
A. Yes. For support orders that are being supervised by the Probation Division of the Superior Court, both the custodial and non-custodial parent will receive a “Notice of Proposed Child Support Obligation Termination” 180 days before the child support obligation termination date. If no response is received, a “Second Notice of Proposed Child Support Obligation Termination” will be sent out 90 days before the child support obligation termination date. If the child on the case is already over the age of 23, approaching his/her 23rd birthday or other court-ordered termination date, both parents will receive a “Notice of Child Support Obligation Termination” 90 days prior to the obligation termination date.
Q. If a custodial parent requests a continuation of child support beyond the child’s 19th birthday, must he or she provide a new proposed termination date?
A. Yes; all “Request for Continuation of Support” forms must contain a future date in which child support would end and it must be before the child’s 23rd birthday. The proposed end date must be supported by any documentation provided. For example, if the request for continuation is based on the child remaining a high school student, the proposed future termination date should be the child’s expected high school graduation date.
Q. Can child support be continued beyond the child’s 23rd birthday?
A. No; “child support” cannot continue past the child’s 23rd birthday. The parent or the child may petition the court to convert the child support to another form of financial maintenance or financial support for a child that has reached the age of 23. This order, should it be granted, would not be considered “child support,” and is not enforceable or monitored through a Probation Unit.
Q. What does “financial maintenance” mean?
A. Financial maintenance means court-ordered support that is outside of the child support program and therefore not enforceable by the PCSE. The court may still order a parent to pay towards the cost of raising and/or supporting a dependent past his/her 23rd birthday. For example, the court may order one parent to pay towards the cost of the child’s college tuition or medical expenses.
Q. Does the obligation to provide medical support and/or medical coverage also end when the child support obligation is terminated?
A. Yes; all court-ordered obligations to pay or provide medical coverage will end when the child support ends. However, custodial parents may file a motion or application to request medical be enforced until the child’s 23rd birthday. If not court ordered, either parent may voluntarily provide medical coverage for their child through their employer up until the age of 26 according to federal law and up until 31 under New Jersey law if certain conditions are met.
Q. If the parents have two children, one under the age of 19 and one over the age of 19, will both be automatically terminated?
A. No; the termination of child support only will apply to the child that is over the age of 19, if there is no other termination date specified in the child support order. The obligation to pay support for the younger child will continue.
Situations in Which Child Support May Continue After Age 19 - High School, College, or other Secondary/Post-Secondary Education
Q. Will termination of child support be automatic or will one of the parties have to file with the court for termination? If it is automatic, what happens if the child is still a full time student?
A. Termination is automatic upon the child’s 19th birthday. If the child is a full-time student and under the age of 23, the custodial parent must submit the “Request for Continuation of Support” form, along with the necessary documentation and both parents will be notified whether the request for continuation of child support was approved.
Q. If a child is 19, still in high school and does not plan on attending college after graduation, will child support be terminated?
A. No. If the custodial parent submits the “Request for Continuation of Support” with supporting documentation from the high school that the child is still a student then support should continue. The child’s projected high school graduation date will then be determined as the date of termination.
Q. If the child is 19 years old and currently in college or will be starting college, how can continuation be requested, and what documentation is needed to support the request?
A. The custodial parent must send in the “Request for Continuation of Support” form that was mailed with the “Notice of Proposed Child Support Obligation Termination” along with proof from the college or other post-secondary institution that the dependent is currently enrolled in what the institution considers full-time status.
Q. Can child support continue if the child takes a semester off from college?
A. It depends. If Probation is notified of the break in educational status, the situation will be reviewed on a case-by-case basis and the decision will depend on the facts and documentation provided. If the Probation Department is unable to determine that the child will resume full-time college-student status, the custodial parent may need to file with the court to request that child support continue based on exceptional circumstances.
Disability
Q. If the child has a disability, can the CP request child support beyond the dependent’s 19th birthday?
A. Yes; if the CP has a child support case for a dependent with a disability, he or she may return the “Request for Continuation of Support” form that is attached to the “Notice of Proposed Child Support Obligation Termination” with supporting documentation from a government agency that provides services to individuals with disabilities. This documentation must confirm that the child has a physical, intellectual, or developmental disability that existed prior to his/her reaching the age of 19 and requires continued support. Support through the child support program may only be continued until the dependent’s 23rd birthday. However, the parent or the dependent may petition the court to convert the child support obligation to another form of financial maintenance or financial support beyond the age of 23.
Prior Court Order
Q. The JOD that states the child support shall terminate upon the child’s graduation from college. Will child support terminate when the child graduates college or the child’s 19th birthday?
A. Child support will terminate upon graduation as specified in the court order as long as the dependent is under age 23. If the parties agree that support should continue, their agreement will be outside of the child support program.
Parents still may receive a “Notice of Proposed Child Support Obligation Termination” because the Judgment of Divorce specifies an event and not a specific age or date. If that is the case, the custodial or noncustodial parent must submit a copy of the order and proof of college enrollment with the anticipated graduation date so that it can be verified.
Continuation Request Process
Q. How long do I have to request a continuation of support?
A. The “Request for Continuation of Support” form and acceptable supporting documentation must be received no later than 45 days prior to the termination date in order to be considered. The due date will be specified in your notice. Any request form received past that due date will not be considered. At that point, the requesting party will have to file a petition with the court to request a continuation.
Q. What if the CP forgets to send in the supporting documentation with the “Request for Continuation of Support,” or the wrong document is sent?
A. As long as the correct documentation is received before the deadline indicated on the form, it will be accepted for review. In order for a request to be reviewed in a timely manner, please include a copy of the original “Request for Continuation of Support” when sending in the correct documentation. Another copy of this form can be requested from the online customer account or by calling 1-877-655-4371.
Q. What if the “Request for Continuation of Support” form is lost or never received?
A. Customers can log into www.njchildsupport.org to request that a copy of the “Notice of Proposed Child Support Obligation Termination,” which includes the “Request for Continuation of Support” be sent by mail. They can also call 1-877-655-4371 to request the documents. Customers should be advised that they can update their mailing address information online.
Q. What action can the customer take if he or she disagrees with the termination or continuation of support?
A. The customer may file a motion or application with the court in the county of venue, which usually is where the original order was issued.
Situations that Might Occur After Child Support Ends
Q. What happens in cases with children over the age of 19 and the non-custodial parent still is paying child support?
A. Both parents will receive a child support termination notice. If there is no approved continuation for support, the child support obligation will automatically end on the termination date listed on the child support termination notice. If there are no other children on the order or outstanding arrears, any active Income Withholding Orders will end, as well. If health coverage was a provision of the child support order, the employer also will be notified that they no longer are under court order to provide medical coverage. Employees and employers should discuss whether coverage for the dependent will continue.
Q. If child support is terminated for all children and there are arrears (unpaid child support) on the case, will the case still remain open?
A. Yes. Even though the obligation for current support will end, the case will remain open until the arrears are paid off. The noncustodial parent is still responsible for paying the recurring child support amount that existed prior to termination PLUS the arrears payback amount unless a different amount is ordered by the court.
- Example: The non-custodial parent pays $75 per week in current child support and $25 per week towards the arrears. After receiving the “Notice of Child Support Obligation Termination” for his only child, there are remaining unpaid arrears. He now owes $100 per week arrears payback until the arrears are satisfied, unless the court modifies the repayment amount.
Q. How can I tell if a child support order is unallocated or allocated?
A. Look at the body of the order or section #24 of the Uniform Summary Support Order (USSO). If there are no individual amounts in the order, then it is most likely an unallocated order.
Q. If there is an income withholding active on a case, will the employer be notified of the support obligation termination?
A. Yes. Once an obligation terminates or the amount is adjusted, an amended Income Withholding Order will be sent to the employer automatically.
Q. If medical coverage is provided through an employer for a dependent, will the employer be notified of that termination?
A. Yes. If providing health coverage was a provision of the child support order, the employer will be notified that it is no longer required to cover the children. However, the employee and employer should discuss whether health coverage for the dependents should continue.
Intergovernmental Cases
Q. Does the New Jersey age of child support termination affect orders established in other states?
A. No. The UIFSA provides that child support ends according to the law of the State in which the order was established and cannot be changed by another state. This law applies only to child support orders established by New Jersey.
Q. If a child support order was established in New Jersey but the party now lives in a different state, where will the termination notices be mailed?
A. The “Notice of Proposed Child Support Obligation Termination” and subsequent notices will be mailed to the child support agency in the state in which the order currently is registered. The other state agency must then forward the notices to the address it has on file.