The statute also alters the rebuttable presumption that child support terminates when a child reaches age 18.
Which set of forms you will file depends upon which type of court case you have, for example, cases including divorce, child abuse or neglect, domestic violence, and cases in which the parents have never been married.
Child support cases in which there has not been a divorce, civil union dissolution, or termination of domestic partnership are called “non-dissolution” matters.
Interestingly, if a court orders the continuation of child support beyond the date when the child reaches age 19, the order must also provide “the prospective date of child support termination.” If the payor parent disagrees with the court’s decision to continue child support beyond the child’s reaching age 19, he or she may file an application seeking relief from the obligation.
Probation Notices of Child Support Termination Matters involving child support obligations administered through the Probation Division will require that both parents receive at least written notices of a proposed termination of child support, each of which shall include information and the request form to facilitate the continuation of child support beyond the date when the child turns age 19.
A motion and an application are not the same thing.
They are different sets of forms filed with the court by a custodial or non-custodial parent (or other person with custody of a child) to change or stop child support.
The first notice will be sent 180 days prior to the proposed termination date, and the second at least 90 days prior to the proposed termination date.
The second notice, however, shall not be required if a custodial parent’s request for continuation is pending or a new date of child support termination has been established.
This law will have a substantial impact on matrimonial practice, and is certainly more payor-friendly than prior case law — a continuing trend also found in New Jersey’s amended alimony premarital agreement laws.
Practitioners should consider incorporating new language and references to the law in the emancipation provisions of their settlement agreements.
Before this law, many cases of child support were never formally stopped when the children reached adulthood, resulting in unrealistic debts.