Termination of Child Support S-1046/A-2721 Signed by Gov. Christie
I am sure many people have heard on the news that Gov. Christie signed S-1046/A-2721, the Termination of Child Support law, which will go into effect February 1, 2017. To help those who pay or receive child support understand this law I put together this article.
The way NJ law was before the new termination law, was there was no hard and fast bright line cut off to child support. As an attorney my argument also started with, has the child attained the age of 18 years and does he or she have a reason to need child support? The burden on motioning the court to terminate child support always rested with the individual paying the support.
Now with the passage of this new law, the burden shifts to the one receiving the payment. Now, as soon as the child attains the age of 19 years old there is a termination of child support unless the child or the parent receiving the support can show there is a need to continue payment. Such exceptions could be the child is enrolled full-time in college, vocational school or the child has a disability.
By signing this law the Governor has put an affirmative duty on the person receiving the money to show the necessity for its continued payment. It also helps people paying support who do not get to speak to their children or know what is going on in their lives but must pay support. If the person receiving the money never motions the court to continue the payments the support will automatically cease.
Either way there is now an affirmative duty to prove child support is needed. This will now ease the case load the probation departments are burdened by with endless cases of child support being paid though it is not necessary.
If you or someone you know has received a notice about this new law and has a question about child support or its termination please give my office a call.