Despite the impact of COVID-19, we are open and continuing to meet the needs of our existing clients and new clients without interruption or change in the quality of our services. Please do not hesitate to contact us with any concerns, questions or requests for information about your matter. At this time, due to various requirements, we are scheduling consultations and appointments via telephonic and/or video conferencing.

To help out during these trying times we are offering Free Virtual Consultations. Click here to schedule your Virtual Consultation.

Support for a child with special needs

While a parent's child support obligation does not come to an end automatically when the child becomes an adult, a parent can apply for termination of child support responsibilities once the child has attained a predetermined age. The benchmark varies from state to state; in New Jersey, a parent can expect to pay child support at least until the child is 19 years old. 

However, because every situation is different and each family has its own unique situation, there are exceptions to this rule. According to FindLaw, if the child in question has a disability, and the custodial parent requires support in order to adequately care for the child, the court may order the child support obligation to extend past the age of majority.

The National Conference of State Legislatures explains that the courts usually use economic terms to define a disability. In other words, if a physical or mental disability prevents the child from earning his or her own living from a job, parents have a duty to support him or her even after the child has attained adulthood. New Jersey state law says that a state or federal government agency must make the determination that the child has a mental or physical disability. 

The law of New Jersey is also very clear that the disability has to have existed prior to attainment of the age of 19. In other words, the courts cannot issue a new child support order for an adult child who becomes disabled. Rather, it must be a continuation of a child support order that was already in effect before the child reached the established age.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Set Up A Consultation, Email Our Firm Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

100 Southgate Parkway
Suite 109
Morristown, NJ 07960-6465

Toll Free: 800-465-0163
Toll Free: 800-465-0163
Phone: 973-692-6317
Phone: 973-692-6500
Fax: 973-692-6377
Morristown Law Office Map

Paramus Office
140 E. Ridgewood Avenue
South Tower, Suite 415
Paramus, NJ 07652

Phone: 201-597-6100
Map & Directions

Princeton Office
103 Carnegie Center
Suite 300
Princeton, NJ 08540-6235

Map & Directions

Phone Numbers