When Do Parental Obligations End?
Generally, a child becomes an adult at age 18. While this gives the impression that parental legal obligations continue indefinitely, New Jersey law is specific. In many cases, the law requires parents to provide financial support for children until they turn 19, or in some cases, even longer. A parent may seek an order for emancipation; if the court grants this request, parental obligations end. An attorney can review your family’s situation and explain your specific options.
At the Law Office of Edward Fradkin, LLC, our attorney has represented clients in family law matters for more than 25 years. If you have questions regarding emancipation or obligations to adult children, call us at 732-702-0612 to schedule a free initial consultation.
Support Payments And Emancipation
Disputes surrounding the release of children from a parent’s care often arise when parents divorce and one parent pays child support. Support payments do not automatically end when a child turns 19. A parent may need to file for emancipation to end their support obligations. However, if the court finds that the child cannot financially support themselves, or attends school full-time, it may deny the request. The court will also consider the financial situation of both parents when making a determination.
While New Jersey law establishes a presumptive age for the termination of support, exceptions apply depending on the facts. We can review your case and advise you on the legal process.
Child Support After 19
Under New Jersey law (N.J.S.A. 2A:17-56.67), child support presumptively terminates when a child turns 19. However, in many situations, the law may extend support up to age 23 if the child attends a full-time college program or follows another qualifying post-secondary path. Courts recognize that young adults who are still completing their education often cannot meet their own financial needs.
However, the law does not guarantee support until 23. Child support may end earlier if the child achieves emancipation. Emancipation can occur when a young adult demonstrates independence by securing full-time employment, marrying or joining the military. These situations signal to the court that the child is no longer dependent on parental support.
Support Beyond Age 23
By statute, the obligation to pay “child support” cannot extend beyond the child reaching age 23. However, financial obligations may continue in rare cases where a child has a documented mental or physical disability that prevents independent living. In those matters, the court may convert the obligation into “financial maintenance.” The court evaluates the child’s needs, the cost of long-term care and the financial ability of each parent. An attorney can help you understand what the court considers and how to organize the evidence for your matter.
Contact Us For A Consultation
To discuss your case, call the Law Office of Edward Fradkin, LLC, in Freehold at 732-702-0612 to schedule a free consultation. You may also contact us online.