How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My children have turned 18 and are attending college (I have

Customer Question

My children have turned 18 and are attending college (I have twins).
I need to determine what my support obligation should be.
Submitted: 8 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 8 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 8 months ago.

Good afternoon. The law establishes 19 as the age when a child support and/or medical support obligation will end. The new law allows for child and/or medical support to continue up to age 23 for cases in which the dependent is still in high school; attending full-time college, vocational or graduate school; is disabled; if the parties reached a separate agreement; or, if continued support was granted by the court.

Customer: replied 8 months ago.
Hmmm. I originally agreed to pay $250 per week support plus $70 per week for healthcare. Now that that time is up, I feel I should file a motion to have this reviewed. When we divorced, I was only making about $70,000 per year and I now make $187,000 per year. My ex make about $55,000 per year
Expert:  FamilyAnswer replied 8 months ago.

What does the court order require and say about support and when it ends?

Customer: replied 8 months ago.
The court order states:
"Husband shall pay non-taxable child support to Wife in the amount of $250 per week starting on the week following the sale of the marital home until September 1, 2016.
At that time, if the children are not emancipated, child support will be recalculated in accordance with the child support guidelines, Newburg v. Arrigo and any other relevant New Jersey law."
Expert:  FamilyAnswer replied 8 months ago.

If the court order has a specific end date, that is when the obligation to pay shall and will cease. If you have complied with the order to date, your obligation would end. Now, if the other parent wants to take you back to court and 1) show that the children are not emancipated, they can, at which time 2) support would be recalculated. It is possible that your court order was imposed prior to the new law going into effect, so the burden would shift back to the other parent to try and take you back once your obligation ends, unless you want to voluntarily pay

Customer: replied 8 months ago.
based on my income of $187,000 and her income of $55,000, what would my support obligation be.
Expert:  FamilyAnswer replied 8 months ago.

It is based upon the needs of the children and if they are not attending college, those cost can increase. I have provided a link to a calculator below, so you can use it to get an idea of what you may have to pay.

Customer: replied 8 months ago.
This is frustrating. That site calculates my obligation at $2053 per month (basically doubling what I pay now). The calculates my obligation to be $190 per week.
Customer: replied 8 months ago.
Sorry, calculates it to be $1,400
Expert:  FamilyAnswer replied 8 months ago.

Those are general outlines and a Judge can always deviate. Those things are never fully accurate and can give you an idea of it but if the time expired, the other parent would need to take you back if they wanted you to continue to pay