Frequently Asked Questions About Child Support in New Jersey
Aug 13, 2025 | Written by: | Share
Frequently Asked Questions About Child Support in New Jersey
Perhaps not surprisingly, the most frequently asked questions (FAQs) posted in search engines relating to divorce law are about child support. Following are the top five most asked questions along with my responses[1]:
- How long do I have to pay child support after a divorce?
- Is it legal to waive child support in a divorce?
- How and when can child support be changed after a divorce?
- What are the laws regarding child support?
- Do you have to be divorced to receive child support?
FAQ #1: How long do I have to pay child support after a divorce?
ANSWER: It depends on the facts and circumstances of your specific case, and what is negotiated as part of your settlement agreement or court order(s). In New Jersey, child support is technically payable until a child is emancipated, and children are NOT automatically emancipated at age 18, which is unusual. In New Jersey, parents can be obligated to pay child support until a child reaches the age of 23, provided the child is a full-time student. There are other relevant factors to be considered, such as whether the child is employed (full- or part-time), whether the child has remained engaged in pursuing his/her education consistently, or whether the child was ever in the armed forces, married, had his/her own child, etc. Another consideration is whether the child can ever move beyond the sphere of influence of the parents and be self-supporting. If not, or in the case of a special needs child, support can be extended beyond age 23, but the terminology changes from child support to financial maintenance.
FAQ #2: Is it legal to waive child support in a divorce?
ANSWER: Technically no, child support cannot be waived by a parent in a divorce (or nondivorce) agreement, as child support belongs to the child and not the parents. However, it is possible to waive or reduce child support depending on the specific facts and circumstances of an agreement, and provided the requisite terminology is used in the drafting of same. For example, it is possible that parents agree there will be no direct exchange of child support between them, and instead they allocate which expenses of the child each will be responsible for and/or pay directly. While you may hear that child support and a waiver of same is not negotiable, it happens all the time, but it has to be done correctly. As long as the parents agree and reduce to writing that their child’s needs are being met by their agreed upon terms, it is unlikely to be disapproved of by a court.
FAQ #3: How and when can child support be changed after a divorce?[2]
ANSWER: This will depend on the specific terms of any agreement or court order that may specify same and needs to be considered first. However, assuming there is no specific language addressing this, one must typically demonstrate a change of circumstances to modify support. Changed circumstances can apply to oneself or the other party, such as increased or decreased income, increased or decreased parenting time, etc... Some circumstances, such as job loss, may require a 90-day waiting period before making an application to the court. In some circumstances, mediation may be required before making an application to the court. Changed circumstances usually require permanent and substantial showing; they cannot be temporary.
FAQ #4: What are the laws regarding child support?[3]
ANSWER: N.J.S.A. 2A:17-56.67 Termination of obligation to pay child support, medical support.
1a. Unless otherwise provided in a court order, judgment, or court-approved preexisting agreement, the obligation to pay current child support or provide medical support, or both for a child 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 or judgment;
(2) the child suffers from a severe mental or physical incapacity that causes the child to be financially dependent on a parent, in consideration of the factors set forth in N.J.S.2A:34-23, and the continuation of the obligation to pay support for that child is specified in a court order or judgment;
(3) a written request seeking the continuation of child support services is submitted to the court by a custodial parent prior to the child reaching the age of 19 in accordance with subsection b. of this section and such request is approved by the court; or
(4) 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.
1b. (1) In response to a notice of proposed termination of child support issued in accordance with subsection 1d. 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 services 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 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 the academic 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 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.
1c. The Probation Division of the Superior Court shall review the request form and supporting documentation submitted by the custodial parent and shall make a recommendation to the court as to whether to continue the child support beyond the date a child reaches 19 years of age pursuant to paragraph (1) of subsection b. of this section. If sufficient proof has been provided, 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 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.
1d. 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 to the last known address of the parties at least 180 days prior to the proposed termination date, and the second notice shall be sent to the last known address of the parties 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.). Failure of a party to provide a current mailing address shall not prevent the termination of the obligation.
1e. Except for child support services provided pursuant to paragraph (2) of subsection a. of this section for a child who suffers from a severe mental or physical incapacity that causes the child to be financially dependent on a parent, the obligation to pay child support shall terminate by operation of law when a child reaches 23 years of age. The Probation Division of the Superior Court and the State IV-D agency shall cooperatively provide both parents with a written notice of termination sent to the last known address of the parties 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.
1f. Nothing in this section shall be construed to:
(1) prevent a 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);
(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;
(3) prevent the court, upon application of a parent or child, from ordering the continuation of the child support obligation or the continuation of Title IV-D services, or both, for a child with a severe physical or mental incapacity that causes the child to be financially dependent upon a parent and consistent with paragraph (2) of subsection (1a) of this section. The parental obligation to provide support for the child shall continue until the court finds that the child is relieved of the incapacity or is no longer financially dependent on the parent. In assessing the financial obligation of the parent, the court shall consider the factors set forth in N.J.S.2A:34-23; or
(4) require the Probation Division of the Superior Court to provide any establishment, monitoring, or enforcement of financial maintenance or reimbursement orders.
FAQ #5: Do you have to be divorced to receive child support?
ANSWER: No. In New Jersey, you may be able to file an FD (non-dissolution) application for support if you are not ready/willing/able to file for divorce.
Additionally, within a divorce (FM docket) and during its pendency, you may also file an application with the court, called a motion, to ask for support. Courts are permitted to make pendente lite (temporary) awards of support and other relief during the pendency of a divorce.
[1] Please understand that child support is an incredibly fact-sensitive inquiry and that these are generic questions and therefore generic answers. Each case and circumstance is different and will result in a different outcome. It is critical to speak with an experienced family law attorney regarding your exact facts and circumstances to understand how child support will be determined in your specific case. Schedule a consultation as soon as you can to ensure you are acting in your best interests and those of your child.
[2] https://www.gklegal.com/blog/what-if-i-can-no-longer-afford-to-pay-my-support-obligations-part-ii/ AND https://www.gklegal.com/blog/what-if-i-can-no-longer-afford-to-pay-my-support-obligations/
[3] https://www.njchildsupport.gov/ AND https://www.njcourts.gov/courts/child-support
Diana N. Fredericks, Esq., devotes her practice solely to family law matters. She is a Certified Matrimonial Law Attorney and was named to the NJ Super Lawyers Rising Stars list in the practice of family law by Thomson Reuters from 2015 through 2021, to the NJ Super Lawyers list in 2023, 2024, and 2025, and to the New Leaders of the Bar list by the New Jersey Law Journal in 2015. Contact Diana for a consultation at 908-735-5161 or via email.
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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.