Cordell Cordell
A Domestic Litigation Firm
With regard to New Jersey child support, a parent has the duty to support their child until such time as the court considers the child emancipated.
In New Jersey, a parent does have the duty to pay child support while the child of the marriage is enrolled on a full-time basis in college and potentially post-graduate education.
However, if you are paying child support for a child in college, the child must be enrolled on a full-time basis and the child has to be shown to be making a good faith effort in school.
For example, if the child is not maintaining, at a minimum, at a least C and above grades, you could potentially have an argument that the child is not making a good faith effort and, therefore, you should not be obligated to continue to support them throughout college.
To ensure the child is enrolled in college, the parent paying child support has the option of filing a motion with the court requesting they be provided with grade reports and a class schedule to ensure the child is enrolled on a full-time basis and is maintaining an appropriate grade point average.
If your New Jersey child support order requires the non-paying spouse to provide this information, then a written demand should be made. If you do not receive a response, then you can file a motion with the court.
If your children are not enrolled in college on a full-time basis and they are finished with their schooling, you have an argument to say that they are emancipated and you no longer owe them a duty of child support.
Related Article: Does Child Support Cover College Expenses?
Cordell & Cordell New Jersey child support lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-DADS-LAW to schedule an appointment.