# New Jersey Child support laws **URL:** \ **Category:** Factual Questions\ **Created:** [February 15, 2006, 1:56pm UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622 "2006-02-15T13:56:44Z")\ **Posts on this page:** 12\ **Page:** 1
**Author:** ![jlzania](https://avatars.discourse-cdn.com/v4/letter/j/67e7ee/32.png) [@jlzania](https://boards.straightdope.com/u/jlzania)\ **Post date:** [February 15, 2006, 1:56pm UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622/1 "2006-02-15T13:56:44Z")
I hope this is the appropriate forum and I’m not looking for specific legal advice. A friend of mine who has paid child support religiously has just been informed that, in New Jersey, he is also obligated to pay for his son’s college. Had he been asked to contribute before, he would have gladly helped but he has had limited contact with his son (the mother’s choice) and has never been contacted prior to this. The ‘child’ in question is now 26 years old. The state of New Jersey is attempting to garnish his pension and the rationale is that he owes for this young man’s college education. This doesn’t sound right to me and I was wondering if anyone here has familiarity of New Jersey child support laws. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [February 15, 2006, 2:30pm UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622/2 "2006-02-15T14:30:22Z")
IANAL but for starters I found this: > [@](#): > > A child support order will terminate once the child becomes emancipated. Emancipation basically means that the child can take care of themselves. Because self-reliance can occur at any age and under any given set of facts, there is no set age when a child will be determined to be emancipated. Many people erroneously believe that once the child turns 18 then their child support ends. This is not the case in New Jersey. The State of New Jersey has some of the strictest child support laws in the United States. > > _\_ > > The courts have viewed education as a necessity. The recent trend in New Jersey has been to require parents to pay for the college costs for their children. Therefore, if the child is attending college, then it is very unlikely that a court will grant an emancipation motion. > > _\_ > > The decision on whether or not a parent should pay for the college costs rests in the court’s hand. However, there is a strong trend towards requiring parents, if they are financial capable, to pay for the college. In most cases, the courts will not require the payor to pay for college and for child support at the same time. However, once again the key issue is how much money the payor who is usually the father has. > > SOURCE: [http://www.divorcenet.com/states/new\_jersey/new\_jersey\_child\_support\_part\_2](http://www.divorcenet.com/states/new_jersey/new_jersey_child_support_part_2) Although at age 26 it seems a bit much for the courts to claim they are not emancipated and therefore on their own but again IANAL. As usual it would be best for your friend to get an attorney knowledgable in this area of law in New Jersey. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [February 15, 2006, 2:43pm UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622/3 "2006-02-15T14:43:23Z")
Have him see a NJ attorney that specializes in divorce and CS cases. Re NJ CS laws see [Does a person have to pay for the college costs for their child?](http://www.divorcenet.com/states/new_jersey/new_jersey_child_support_part_2) In reading the commentary it seems (in NJ) unless the son’s age is a limiting factor, the son might actually have a case. NJ apparently does not age limit educational support requirements as long as the kid is “attending” school. I wonder how long an archetypal “perpetual grad student” could string this out? ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [February 15, 2006, 3:09pm UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622/4 "2006-02-15T15:09:29Z")
[This pdf on page 6 of 25](http://www.rbs2.com/son_edu.pdf) talks about a NJ court case more or less limiting non-emancipation to about 23 years of age in determining NJ CS liabilities re college. (Doc is locked so I can’t clip text block) History of NJ CS law re college expenses is discussed on pages 12-13-14 along with case citations. It does appear (based on these) that looking for college support at age 26, esp with limited parental contact, might be considered a bit long in the tooth unless this is some claim that daddy willfully defaulted on his obligations when the child was of normal college starting age (ie 18-21). ---
**Author:** ![zev\_steinhardt](https://avatars.discourse-cdn.com/v4/letter/z/97f17d/32.png) [@zev\_steinhardt](https://boards.straightdope.com/u/zev_steinhardt)\ **Post date:** [February 15, 2006, 3:57pm UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622/5 "2006-02-15T15:57:54Z")
IANAL but there is something that strikes me as odd here. I’m not aware of any situation where a parent is _required_ to provide a college education for a son or daughter. Does New Jersey also require married parents to pay for their children’s college education? Zev Steinhardt ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [February 15, 2006, 4:49pm UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622/6 "2006-02-15T16:49:03Z")
> [@zev\_steinhardt](#): > > IANAL but there is something that strikes me as odd here. > > I’m not aware of any situation where a parent is _required_ to provide a college education for a son or daughter. Does New Jersey also require married parents to pay for their children’s college education? > > Zev Steinhardt There are several states where the parent(s) (ie CS paying parent) are expected to take care of (in whole or part) the child’s college expenses. Some states like NJ do not (according to the links) have a specific age of emancipation cutoff WRT parental college obligations. The link in my second post gives a partial legal and statutory history on this. ---
**Author:** ![D\_Odds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/d_odds/32/2882_2.png) [@D\_Odds](https://boards.straightdope.com/u/D_Odds)\ **Post date:** [February 15, 2006, 4:49pm UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622/7 "2006-02-15T16:49:16Z")
**zev** , the divorcenet site states that it is in the jurisdiction of the courts, based on a number of factors, to decide whether or not a child is entitled to a college education and whether or not the parents are on the hook. It looks unlikely that a family just sqeeking by will be liable, but given a family that can afford a college education and a child that wants it, any family could be _forced_ to pay. ---
**Author:** ![jlzania](https://avatars.discourse-cdn.com/v4/letter/j/67e7ee/32.png) [@jlzania](https://boards.straightdope.com/u/jlzania)\ **Post date:** [February 15, 2006, 11:42pm UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622/8 "2006-02-15T23:42:08Z")
Thank y’all for the replies. I’ve forwarded this page to my friend. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [February 16, 2006, 12:54am UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622/9 "2006-02-16T00:54:56Z")
> [@zev\_steinhardt](#): > > I’m not aware of any situation where a parent is _required_ to provide a college education for a son or daughter. Does New Jersey also require married parents to pay for their children’s college education? I always thought this was odd as well. To my knowledge married parents are not obligated to fund their child’s college education but if they get divorced the child’s college education costs are very often accounted for and assured. ---
**Author:** ![Rysdad](https://avatars.discourse-cdn.com/v4/letter/r/7cd45c/32.png) [@Rysdad](https://boards.straightdope.com/u/Rysdad)\ **Post date:** [February 16, 2006, 1:17am UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622/10 "2006-02-16T01:17:00Z")
Doesn’t it seem like that NJ law would just _scream_ for a class action suit? ::: sigh ::: After dealing with the CS system for 15 years, I can’t say I’m surprised, just further disheartened that such lunacy can be perpetuated. ---
**Author:** ![psycat90](https://avatars.discourse-cdn.com/v4/letter/p/7ea924/32.png) [@psycat90](https://boards.straightdope.com/u/psycat90)\ **Post date:** [February 16, 2006, 2:03am UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622/11 "2006-02-16T02:03:15Z")
I’ve become something of a slight expert on NJ child support laws. My support order is through Middlesex County, and that’s all I have to say about that. Like a few people said, there is no age limit for child support to end in NJ. If the child is going to school, it is my understanding that the non-custodial parent IS required to continue support payments. They can request a hearing and modification, but as they are written the [NJ child support guidelines](http://www.judiciary.state.nj.us/csguide/) are on the side of the custodial parent/child. Also, one of my girlfriend’s mother’s (in NJ) was receiving child support for her when she was 26 while she attended FIT. ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [February 16, 2006, 2:51am UTC](https://boards.straightdope.com/t/new-jersey-child-support-laws/344622/12 "2006-02-16T02:51:22Z")
> [@astro](#): > > There are several states where the parent(s) (ie CS paying parent) are expected to take care of (in whole or part) the child’s college expenses. Some states like NJ do not (according to the links) have a specific age of emancipation cutoff WRT parental college obligations. The link in my second post gives a partial legal and statutory history on this. I hope this isn’t a hijack but, do any states require non-seperated/divorced parents to pay for a child’s education?