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I have a son who is in college and just turned 23, I

I have a son...

I have a son who is in college and just turned 23, I received a notice from his father that he want to stop child support. He only pays child support and nothing towards his education, he is expected to graduate in June, do I have any chance to have him continue the support til then

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Hi attorney filed a motion for adjust child support.

Lawyer's Assistant: Family law varies by state. What state are you in?

New Jersey

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did have a paper filed request for continuation of support and had his projected graduation date, not to exceed the child's23 birthday which is 3/12

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Answered in 38 minutes by:
3/15/2018
Thomas Swartz
Category: Family Law
Satisfied Customers: 3,269
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Verified

Hello JACUSTOMER,

In New Jersey "child support" automatically terminates by operation of law when a child reaches the age of 23.

However, after a child's 23 birthday, the court may require ongoing "financial maintenance" from the non-custodial parent if the child is disabled or is still in school. But it will not be called “child support”, it will be called "financial maintenance." The difference is that (1) the Probation Division will not collect or enforce “financial maintenance” for a dependent adult child, and (2) a new order must be entered requiring the non-custodial parent to pay “financial maintenance.”

So, you would have to file a motion or application for financial maintenance with the court for a new court order for “financial maintenance.” If your child is still in school, you would have to provide evidence of that, and there is a good chance that the court will enter an order awarding “financial maintenance" until your son graduates.

Information about New jersey's new child support termination law can be found here: New Jersey’s Child Support Termination Law.

I hope this helps.

Thomas

Thomas

Thomas Swartz
Category: Family Law
Satisfied Customers: 3,269
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Verified
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Customer reply replied 5 months ago
Is there a special form for my son to sue his father for education expense? And if so where do I get it
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Category: Family Law
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