TERMINATION OF CHILD SUPPORT OBLIGATIONS - INTERIM PROTOCOL

TERMINATION OF CHILD SUPPORT OBLIGATIONS - INTERIM PROTOCOL

NOTICE TO THE BAR

On January 19, 2016, Governor Christie signed S-1046/A-2721 into law. This act,

codified at N.J.S.A. 2A:17-56.67 et seq., establishes the age or other conditions under

which a child support and/or medical support obligation will end. The effective date of the

law is February 1, 2017 and applies to all child support orders.

The statute authorizes the Supreme Court to adopt Rules of Court appropriate or

necessary to effectuate the purposes of the act. The attached Interim Protocol for

Termination of Child Support Obligations is being issued as a provisional measure to

implement the new law until such time the Supreme Court issues court rules that clarify

the rights and responsibilities of parties seeking termination or continuation of court

ordered child support.

Questions regarding this notice may be directed to Elizabeth Domingo, Assistant

Director, Probation Services Division, by email at Liz.Domingo@njcourts.gov or by

telephone at (609) 815-3810 ext. 16311.

Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: February 7, 2017

INTERIM PROTOCOL FOR TERMINATION OF CHILD

SUPPORT OBLIGATIONS (1/31/17)

The following interim protocol establishes the procedures for the termination or

continuation of child support obligations, effective February 1, 2017 and until such time

that the Supreme Court issues court rules.

(a) Duration of Support. In accordance with N.J.S.A. 2A:17-56.67 et seq., unless

otherwise provided in a court order or judgment, the obligation to pay current child

support, including health care coverage, shall terminate by operation of law when the

child being supported:

(1) Dies;

(2) Marries;

(3) Enters the military service; or

(4) Reaches 19 years of age, except as otherwise provided under law.

In no case shall a child support obligation extend beyond the date the child reaches the

age of 23.

(b) Termination of Obligation in Cases Administered by the Probation Division.

(1) Notice of Proposed Termination. Where no other emancipation date or termination

has been ordered by the court, the Probation Division shall send the obliger and

obligee notice of proposed termination of child support prior to the child reaching

19 years of age in accordance with N.J.S.A. 2A:17-56.67 et seq. Notices shall

contain the proposed termination date and if applicable, information for the obligee

to submit a written request for continuation of support beyond the date the child

reaches 19 years of age.

(2) Written Request for Continuation. In response to the notice prescribed in section

(1), the obligee may submit to the court, a written request for continuation, on a

form and within timeframes promulgated by the Administrative Office of the Courts,

with supporting documentation and a future termination date, seeking the

continuation of support beyond the child's 19th birthday if the child being supported:

(A) Is still enrolled in high school or other secondary educational program;

(B) Is enrolled full-time in a post-secondary educational program; or

(C) Has a physical or mental disability as determined by a federal or state

agency that existed prior to the child reaching the age of 19 and requires

continued support.

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(3) Review of Written Request for Continuation. The Probation Division shall review

the obligee's written request and documentation and shall make recommendation

to the court as to whether the support obligation will continue beyond the child's

19th birthday. If sufficient proof has been provided, the court shall issue an order

to both parties establishing the future termination date. If sufficient proof has not

been provided, the court shall issue an order to both parties terminating the current

support obligation as of the date of the child's 19th birthday. No additional notice

shall be provided to the parties.

(4) No Response to Notice of Proposed Tennination. If the Probation Division receives

no response to the notices of proposed termination of child support, the court shall

issue an order to both parties establishing the termination of obligation as of the

child's 19th birthday. No additional notice shall be provided to the parties.

(5) Motion or Application. If either party disagrees with the termination or continuation

order entered, the party may file a motion in a dissolution matter or an application

in a non-dissolution or domestic violence matter requesting either termination or

continuation of the child support obligation, as applicable.

(6) Arrears Remain Due and Enforceable. Any arrearages accrued prior to the date

of termination shall remain due and enforceable by the Probation Division as

appropriate until they are paid in full or the court terminates the Probation Division's

supervision of the support order. Upon termination of an obligation to pay current

support, the amount to be paid to satisfy the arrearage shall be the sum of the

obligation amount in effect immediately prior to the termination plus any arrears

repayment amount if there are no other children remaining on the support order.

(7) Final Notice of Tennination. Where an emancipation date or termination date has

been ordered by the court, the Probation Division shall send the obliger and

obligee notice of termination of child support prior to the child reaching the court

ordered emancipation date or future termination date in accordance with N.J.S.A.

2A:17-56.67 et seq. The notice shall contain the date on which child support shall

terminate and information regarding the adjustments that shall be made to the

obligation, as applicable.

(8) Unallocated Orders. Whenever there is an unallocated child support order for two

or more children and the obligation to pay support for one or more of the children

is terminated pursuant to N.J.S.A. 2A:17-56.67 et seq., the amount to be paid prior

to the termination shall remain in effect for the other children. Either party may file

a motion in a dissolution matter or an application in a non-dissolution or domestic

violence matter to adjust the support amount.

(9) Allocated Orders. Whenever there is an allocated child support order for two or

more children and the obligation to pay support for one or more of the children is

terminated pursuant to N.J.S.A. 2A:17-56.67 et seq., the amount to be paid shall

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be adjusted to reflect the reduction of the terminated obligation(s) for the other

children. Either party may file a motion in a dissolution matter or an application in

a non-dissolution or domestic violence matter to adjust the support amount.

(10) Venue for Filings. Motions in dissolution matters, or applications in nondissolution

or domestic violence matters, seeking the termination or continuation

of child support for a child under the age of 23 must be filed in the county of venue.

(c) Termination or Continuation of Child Support Obligations Not Administered by

the Probation Division. Where an obliger has been ordered to pay child support directly

to the obligee, the child support obligation shall terminate by operation of law in

accordance with N.J.S.A. 2A: 17-56.67 et seq., unless otherwise provided in a court order

or judgment. Notwithstanding any other provision of law, a party may file a motion in a

dissolution matter or an application in a non-dissolution or domestic violence matter

requesting termination or continuation of a child support obligation at any time, for good

cause. The Probation Division shall not be required to provide any noticing, monitoring

or enforcement services in any case where the obliger has been ordered to pay child

support directly to the obligee.

(d) Other Reasons for Termination of Child Support Obligations. A party to a child

support order, at any time, may file a motion in a dissolution matter or an application in a

non-dissolution or domestic violence matter requesting termination of a child support

obligation based upon good cause. Any arrearages accrued prior to the date of

termination shall remain due and enforceable by the obligee or the Probation Division, as

appropriate.

(e) Emancipation. Except as otherwise provided by this interim protocol, and in

accordance with N.J.S.A. 2A:34-23, N.J.S.A. 2A:17-56.67 et seq., and related case law,

a party to a child support order, at any time, may file a motion in a dissolution matter or

an application in a non-dissolution or domestic violence matter requesting emancipation

of a child in the county of venue. Court-ordered emancipation shall terminate the

obligation of an obliger to pay current child support, as of the effective date set forth in

the order of emancipation. Any arrearages accrued prior to the date of emancipation shall

remain due and enforceable by the obligee or the Probation Division, as appropriate.

(f) Support for Children in Out-of-Home Placement through the Division of Child

Protection and Permanency (DCPP). A child support obligation payable to the DCPP

for children in an out-of-home placement shall not be terminated by operation of law upon

the child turning 19 years of age. A child support obligation payable to DCPP shall

terminate upon notification that the child is no longer in placement or upon the child

turning 23 years of age, whichever first occurs.

(g) Financial Maintenance for a Child Beyond 23 Years of Age. Pursuant to N.J.S.A.

2A:34-23, N.J.S.A. 2A:17-56.67 et seq., and related case law:

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(1) A child beyond 23 years of age may apply to the court for an order requiring

the payment of financial maintenance or reimbursement from a parent;

(2) A parent, or child over the age of 23, may apply to the court for an order

converting a child support obligation to another form of financial maintenance in

exceptional circumstances, including but not limited to the child's physical or

mental disability that existed prior to the date the child reached the age of 23;

(3) Any arrearages accrued prior to the date of termination or conversion shall

remain due and enforceable by the obligee or Probation Division, as appropriate;

(4) Court-ordered financial maintenance or reimbursement from a parent shall not

be payable or enforceable as child support. The Probation Division shall not be

required to provide any establishment, monitoring or enforcement of such

maintenance or reimbursement order;

(5) Complaints or applications for financial maintenance for a child, age 23 years

or older, who has been or will be adjudicated incapacitated, shall be heard in the

Probate Part. County Surrogate staff shall process complaints or applications for

financial maintenance in accordance with applicable provisions of R. 4:86; and,

(6) Complaints or applications for financial maintenance, reimbursement, or

conversion of an existing support order, for the financial support of an adult child

over the age of 23, where there has not been or will not be an adjudication of the

adult child's incapacitation, must be filed and heard in the Family Part. Court staff

shall process the complaint for financial maintenance, reimbursement, or

conversion of an existing support order using the Family Automated Case Tracking

System (FACTS). These filings are considered non-lV-D actions and the hearings

shall not be scheduled before child support hearing officers. Financial

maintenance obligations may not be added to NJKiDS, the automated child

support enforcement system, as alimony cases, dependent litigant cases or in the

form of arrears payback amounts.

(h) Foreign Orders or Judgments. The provisions of N.J.S.A. 2A:17-56.67 et seq. shall

not apply to child support provisions contained in orders or judgments entered by a foreign

jurisdiction and registered in New Jersey for modification or enforcement pursuant to the

"Uniform Interstate Family Support Act", N.J.S.A. 2A:4-30.124 et seq.

source http://www.judiciary.state.nj.us/notices/2017/n170208k.pdf