Restrictions on Waiver of Child Support in NJ

If Both New Jersey Parents Consent to Waive Child Support, Can it be Done?

Although some may view child support as a tool used by divorced parents to “get even” during an acrimonious split, its purpose is to provide for the child’s needs. Everyone knows that the cost of living is constantly on the rise, and the financial needs of a growing child are substantial. New Jersey law requires parents to provide financial support for their children to maintain the lifestyle they were accustomed to before the divorce (or an approximation). But is it ever possible to avoid paying child support? After the divorce, Parent A was working two jobs to keep their financial head above water while paying what they considered to be a burdening amount of child support. Parent B had recently been promoted and was making much more than before. Parent A contemplated stopping the support payments but is unsure what legal ramifications that could have. Or maybe both parents earn good money and are able to support themselves and their child without a support order. Can support be waived? Let’s take a look.

Why Child Support Remains a Mandatory Obligation Regardless of Parental Agreements

In New Jersey, both parents must provide financial support for their child. The amount of support is determined by specific guidelines and factors such as parenting time, tax credits or obligations, income, existing support obligations from prior relationships, the number of children and their ages, and any government benefits received by a parent on the part of the child. Child support belongs to the child and is not intended to benefit either parent. If a waiver is possible, the court must acknowledge that the child’s best interests are upheld. An agreement between the parents is not sufficient to waive child support because, ultimately, it is for the needs of the child.

Special Scenarios That Can End Child Support Responsibilities in New Jersey

Emancipation and Support Obligations

Emancipation refers to the concept that a parent’s financial obligation to their child has ended because the child is 18 years of age or has graduated from high school. But the New Jersey Emancipation Statute (N.J.S.A. 2A: 17-67 to 56.73) sets the child’s emancipation age at 19, and based on certain conditions, the support can continue until age 23. College students and those engaging in other forms of education, such as technical institutes or trade schools, or those with disabilities qualify for support until the age of 23. If the child’s disability is severe and they are dependent on a parent, support could continue beyond the age of 23. If the child is no longer reliant on their parent’s financial help, the support obligation ends. Emancipation can also occur when the child marries, enlists in the military, or has petitioned the court for emancipation when they have proven the ability to support themselves financially.

Adoption Voids Support Duty

If the child is adopted by another person, the biological parents are no longer required to pay child support. However, if a parent remarries and does not adopt the child, the child support order remains in place.

Exceptional Reasons for Adjusting Child Support

Child support is rarely waived, but a modification process can be enacted due to a downturn in a parent’s financial circumstances. Although the chances for a complete waiver of support are virtually nil, if the parent presents clear and solid evidence that they cannot pay the required amount, the court may make a more feasible adjustment. Unemployment, furloughs, and disability are some situations in which the court will likely consider a modification of child support. In cases of incarceration, the court may consider waiving child support.

Other than by submitting a motion for modification of child support, there is no other legal way to make changes. Parents may make agreements with each other, but the court will only recognize what has been determined by a judge. To request a change in support, the parent must demonstrate financial hardship by providing compelling evidence such as financial statements and pay stubs. If a change is due to disability, their condition must be supported by medical evidence.

Seek Legal Guidance from a North Jersey Family Law Attorney

New Jersey’s child support laws require extensive legal knowledge and experience. Our attorneys can advise you on what it takes to receive a modification and if possible, we can file a motion and prepare the evidence you need to show in court to obtain a positive result. Trust Montanari Law Group to submit all necessary paperwork and build the strongest case possible that reflects your needs and capabilities concerning child support in Pompton Lakes, New Milford, Haledon, Clifton, Caldwell, Bloomingdale, Short Hills, and elsewhere in the surrounding Passaic County, Hudson County, Essex County and Bergen County region. We know you want the best for your child, but sometimes, some circumstances warrant ending or modifying child support. To learn more about how we can help you, call us today at (973) 233-4396 for a free consultation, or complete this online form, and we will reach out to you.