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figuring out child support

2/19/2016

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Figuring out how the parents are going to support their kids after divorce is an important part of the divorce mediation process.  Sometimes, divorce mediation clients come to us at Westfield Mediation, LLC and say that they have worked things out with their soon-to-be ex-spouse, and they have decided that there won’t be any child support.  Well… it does not really work that way.

As we tell our clients, child support is a right of the children and can’t be waived by the parents. The state has created a legal obligation to support your children, and provide them with basic essentials including food, housing, clothing, health care, etc. The kids are entitled to their full amount. 

So, how do we figure out what the child support amount is? In New Jersey, we have an equation for calculating child support based on income , the amount of time each parent spends with the kids, the age of the kids, and who covers expenses like child care and health care. The amount of child support can vary over time as parents’ incomes and parenting schedules change.  Other child expenses like camp, sports, tutoring or college are not included in the child support amount, but are also determined in the parenting plan that you create in mediation. In divorce mediation, we guide you through this process to help you reach an understanding of parenting and support and an agreement that works for your family’s emotional and financial needs.

​For more information about parenting plans, child support and divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, LMFT, at Westfield Mediation, LLC, at 908.913.0373.  View our website at www.westfieldnjmediation.com or email us at
info@westfieldnjmediation.com
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New Emancipation Law in New Jersey

2/5/2016

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When does child support end?  Generally, when a child is emancipated.  So, what exactly does that mean? Emancipation, in reference to a child, is a term that describes when your child goes from being a minor to an adult.  When this occurs, the child becomes free from parental control and the parents become free from financial support of the child.  Governor Christie signed Bill S-1046/A-2721 into law on January 19, 2016 and it will take effect on February 1, 2017.  This law affects age of emancipation in New Jersey, which in turn affects child support.  The new law establishes that a child is automatically emancipated on his/her 19th birthday and a parent is no longer obligated to continue child support payments beyond this date.  A child can be considered emancipated earlier than his/her 19th birthday if s/he is in the military, gets married or dies.  And emancipation can be delayed up to the age of 23 if a child has a mental or physical disability or still attends high school (or other secondary school) or is enrolled full-time in a post-secondary school (i.e. college) after high school.  If the child does not fit into these categories, a parent may ask the court to extend emancipation based on exceptional circumstances to be decided on a case by case basis. 

The new law was needed because people were confused about when child support ended.  Previously, you needed to file paperwork with the court to formally close this obligation and if a parent did not do this, the obligation continued.  Well, sometimes a child clearly should have been considered emancipated but was still on the books as unemancipated because no paperwork was ever filed, and the parent still on the hook for child support payments.  This new law clarifies that there is now a standard age for emancipation in New Jersey and no need to file additional paperwork. 

A couple can decide to continue to financially support their children beyond age 19, if they continue with college or have a disability, but this again will automatically end at age 23 without having to file additional paperwork.  At
Westfield Mediation, we help couples navigate the issue of child support and emancipation.  It is written into every parenting agreement.  Parents need to address these issues during the divorce process so each will know what to expect legally and financially from each other when planning their children’s future.  
​
For more information about divorce mediation contact Randi M. Albert, JD, or Michelle Weinberg, LMFT, at Westfield Mediation, LLC, at 908.913.0373.  View our website at
www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

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    Authors

    Michelle Weinberg, M.Ed.,LMFT, is a Licensed Marriage and Family Therapist with many years of experience working with couples.

    Randi M. Albert, JD, is an attorney with experience in family law and public service.

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