Bill Text: NJ S2994 | 2016-2017 | Regular Session | Introduced
Bill Title: Concerns termination of child support and other financial support for emancipated child.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2017-02-06 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2994 Detail]
Download: New_Jersey-2016-S2994-Introduced.html
Sponsored by:
Senator THOMAS H. KEAN, JR.
District 21 (Morris, Somerset and Union)
Co-Sponsored by:
Senator Weinberg
SYNOPSIS
Concerns termination of child support and other financial support for emancipated child.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning child support and amending P.L.2015, c.233.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2015, c.233 (C.2A:17-56.67) is amended to read as follows:
1. a. [Unless otherwise provided in a court order or judgment, the] An order to pay child support as defined in section 3 of P.L.1998, c.1 (C.2A:17-56.52) or any other financial maintenance or reimbursement, including, but not limited to, contribution to higher education and to medical bills, for a child terminates upon a determination by the court that the child is emancipated.
b. The obligation to pay child support shall terminate by operation of law without order by the court on the date that a child marries, dies, or enters the military service. In addition, a child support obligation shall terminate by operation of law without order by the court when a child reaches 19 years of age unless:
(1) another age for the termination of the obligation to pay child support, which shall not extend beyond the date the child reaches 23 years of age, is specified in a court order;
(2) a written request seeking the continuation of child support is submitted to the court by a custodial parent prior to the child reaching the age of 19 in accordance with subsection [b] c. of this section; or
(3) the child receiving support is in an out-of-home placement through the Division of Child Protection and Permanency in the Department of Children and Families.
[b] c. (1) In response to a notice of proposed termination of child support issued in accordance with subsection [d]e. of this section, a custodial parent may submit a written request, on a form and within timeframes promulgated by the Administrative Office of the Courts, with supporting documentation to the court, including a projected future date when support will terminate, seeking the continuation of child support beyond the date the child reaches 19 years of age in the following circumstances:
(a) the child is still enrolled in high school or other secondary educational program;
(b) the child is a student in [a] an undergraduate post-secondary education program and is enrolled for the number of hours or courses the school considers to be full-time attendance during some part of each of any five calendar months of the year; or
(c) the child has a physical or mental disability, as determined by a federal or State government agency, that existed prior to the child reaching the age of 19 and cannot support themselves and therefore requires continued child support.
(2) A custodial parent may file a motion with the court seeking to extend the obligation to pay child support beyond the date the child reaches 19 years of age due to exceptional circumstances as may be approved by the court.
[c] d. If the court finds that the request form and supporting documentation submitted by the custodial parent establish sufficient proof to continue the child support beyond the date a child reaches 19 years of age pursuant to paragraph (1) of subsection [b] c. of this section, the child support obligation shall not be terminated by operation of law when the child reaches the age of 19, and the court shall issue an order establishing the prospective date of child support termination. A copy of the court order shall be provided to both parents of the child. A parent responsible for paying child support who disagrees with the court's decision to continue child support beyond the date the child reaches 19 years of age or who otherwise desires to modify or terminate the child support obligation may, at any time, file a motion with the court seeking relief from that obligation.
[d] e. For child support orders that are administered by the Probation Division of the Superior Court, the Probation Division and the State IV-D agency shall cooperatively provide both parents with at least two written notices of a proposed termination of child support, which shall include information and the request form to facilitate the continuation of child support beyond the date the child reaches 19 years of age. The first notice shall be sent at least 180 days prior to the proposed termination date, and the second notice shall be sent at least 90 days prior to the proposed termination date. The second notice shall not be required whenever a custodial parent's request for continuation is pending or a new date of child support termination has been established. To the extent feasible, the Probation Division and the State IV-D agency shall cooperatively provide additional notice to the parents by text message, telephone message, or other electronic means. In addition, all orders and judgments that include a child support obligation entered after the effective date of P.L.2015, c.223 (C.2A:17-56.67 et seq.) shall contain information regarding the termination of child support obligations as provided in P.L.2015, c.223 (C.2A:17-56.67 et seq.).
[e] f. Notwithstanding [the] any other [provisions] provision of this section, the obligation to pay child support shall terminate by operation of law when a child reaches 23 years of age. In cases where child support has been ordered for a child beyond 19 years of age, but has not reached 23 years of age, [The] the Probation Division and the State IV-D agency shall cooperatively provide both parents with a written notice of termination at least 90 days prior to the termination date and, to the extent feasible, the Probation Division and the State IV-D agency shall cooperatively provide additional notice to the parents by text message, telephone message, or other electronic means. For children who have reached the age of 23 years of age prior to December 31, 2015, no notice shall be required and the child support shall immediately terminate on February 1, 2017. Nothing in this section shall be construed to:
(1) prevent [a] an unemancipated child who is beyond 23 years of age from seeking a court order requiring the payment of other forms of financial maintenance or reimbursement from a parent as authorized by law to the extent that such financial maintenance or reimbursement is not payable or enforceable as child support as defined in section 3 of P.L.1998, c.1 (C.2A:17-56.52); or
(2) prevent the court, upon application of a parent or child, from converting, due to [exceptional circumstances including, but not limited to,] a mental or physical disability, a child support obligation to another form of financial maintenance for a child who has reached the age of 23.
g. Once a child has been emancipated, the court shall be prevented from awarding any financial maintenance or reimbursement, including, but not limited to, contribution to high education and to medical bills.
(cf: PL.2015, c.223, s.1)
2. (New section) Any financial support or financial maintenance that was paid in the seven years preceding the enactment of P.L. , c. (C. ) (pending before the Legislature as section 1 of this bill), but subsequent to the date of emancipation of the child, including, but not limited to, child support and contribution to higher education, shall be reimbursed to the parent who paid the support by the custodial parent.
3. This act shall take effect immediately and shall be applicable to all family law orders issued prior to, on, or after the effective date.
STATEMENT
This bill provides that emancipation of a child will terminate child support and all other financial maintenance or reimbursement. In addition, the bill provides that the court will be prevented from awarding financial maintenance or reimbursement once a child has been emancipated. However, a child who has a mental or physical disability will not be emancipated and may continue to be unemancipated for purposes of financial maintenance.
Current law states that, unless as provided by court order or judgment, child support terminates by operation of law without an order by the court on the date that a child marries, dies, or enters the military service, or when a child reaches 19 years of age. Certain exceptions exist such as when there is another age for termination of child support that doesn't extend beyond 23 years of age, written request for continuation of child support before the child turns 19 years of age, or if the child is receiving support in an out-of-home placement through the Division of Child Protection and Permanency in the Department of Children and Families.
The bill provides that termination of all financial support including child support as defined in section 3 of P.L.1998, c.1 (C.2A:17-56.52) or any other financial maintenance or reimbursement, including, but not limited to, contribution to higher education and to medical bills, for a child terminates upon a determination by the court that the child is emancipated, or child support terminates by operation of law without court order on the date when the child marries, dies, or enter the military service if under 19 years of age. In addition, the bill provides that once a child has been emancipated for purposes of child support and financial maintenance or reimbursement, the court will be prevented from awarding financial maintenance to that emancipated child. However, under exceptional circumstances due to mental or physical disability, a child may be deemed to continue to be unemancipated by court order.
The bill further provides that any financial support that was paid in the seven years prior to the enactment of this bill, but subsequent to the date of emancipation of the child, including but not limited to, child support and contribution to higher education, shall be reimbursed to the parent who paid the support by the custodial parent.
