I received a letter from probation telling me my son will no longer be under probation for child support because he is not a full time student. But I am also court ordered to pay 67% of all his medical bills. I also pay for the health insurance, but I have another child under a family plan. Amount stays the same. Also my child support amount stays the same, I don't pay per child, one amount for both. Do I have to file a motion to have him emancipated? Do I still have to pay the 67% of his medical bills? Is it a law that once a child reaches age 23, they are off of probation no matter what circumstances there are without filing a motion to continue?
There are a handful of questions to unpack here. First, do you have to file a motion to have him emancipated? The answer is yes. The new law relates only to termination of child support, and even then some attorneys and judges debate whether it was meant to: (a) terminate the obligation to pay child support; or merely (b) terminate collection of child support by the Probation Department. In either case, however, the new law does not relate to emancipation. Emancipation encompasses termination of child support, but it is more than that; emancipation terminates ALL rights and obligations relating to the child.
Do you still have to pay 67% of his medical bills? Yes, until he is emancipated. In all likelihood, however, the Court would emancipate him for the same reasons that Probation has declined to continue monitoring your support obligation: He is over the age of 18 and not enrolled as a full-time student.
Is it a law that once the child reaches age 23, they are off Probation? Yes. The new law provides that the child support obligation shall not extend beyond the age of 23. In limited circumstances, a support obligation might continue (e.g., for a permanently disabled child) but in such cases, the obligation would not be designated as "child support." It would be called something different.
Finally, you did not ask about this issue, but you are clearly entitled to a recalculation of child support. You should file a motion seeking emancipation (based on lack of full-time enrollment for your older child) and recalculation of child support (for your younger child). The recalculated support obligation is likely to be much lower. As you seem to be aware, neither the Court nor Probation will recalculate support automatically. One or both parents must explicitly make that request.
Unfortunately, I do not have enough information about your circumstances to provide a thorough evaluation of the issues and to advise you regarding the proper course of action. I strongly recommend that you take the matter seriously and retain an attorney. Please reach out to one of the lawyers here on . Many of us are willing to sit down with you to explore the facts, explain the law, and address the best way to protect your long-term financial interests. This is, of course, an important motion with significant financial consequences.
Whether you reach out to me or another attorney, I wish you the best of luck.
Probation is merely the dept. that you pay child support to. There is an insufficient factual basis to answer your questions and address your concerns. Either parent may file a motion with the court to increase or reduce child support payments. The parent bringing the motion must be able to prove to the court that he or she has experienced changed circumstances (NJSA 2A:34-23, NJSA 5:6A). If the court determines the circumstances warrant a modification to support obligations, the New Jersey Child Support Guidelines will be used to calculate the new payment.
A variety of circumstances can rise to the level of justifying a modification. Each case will be evaluated by the court individually and the party bringing the motion will need to show the court that a substantial change has taken place, the change is permanent and unexpected. Namely, the change cannot be something temporary and the parent must not have anticipated or purposefully caused the change to occur. Some examples of a major change in circumstances may include: Job loss; Gaining a higher paying job; Changes to parenting time (increase or decrease); Major health issues of the parent; Major health issues of the child ;Permanent disability of the parent; Change in expenses necessary to raise the child; Additional children the parent needs to support In addition to the NJ Child Support Guidelines, the court will look at the same factors that were considered in the original child support order when modifying support obligations. Some of these factors may include each parent’s earning ability, debts and assets, health and medical expenses, standard of living, medical and educational expenses of the child and any other expenses related to the needs of the child. The court may increase or reduce child support obligations based on the guidelines and consideration of all of the factors and circumstances that may be affecting the parents and the child.To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
