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NJ CHILD SUPPORT & COLLEGE

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  • NJ CHILD SUPPORT & COLLEGE

    Good Morning:
    I have a 22 year old daughter that I have been paying child support for since 1990. I am paying for part of her college expenses and have no problem with the support or college expenses. She will enter her 5th year of college on a part time bases to finish the last 5 credits needed to graduate. She will not be living with her mother or on campus this coming year, but will rent an apartment off campus and work at least five days a week. Will I be able to stop child support payments to my ex-wife? THank you for any guidance you can give.

  • #2
    Present what you are doing to the court and ask for the termination of child support since your daughter is no longer in the home of her mother, is living on her own, and only has 5 credits of college left and indicate you are providing support to pay for college and for her to move out. There should be an order issued terminating the child support. Usually, child support ends at this age anyway and you have made arrangements to ensure the child's education is being completed and you are supporting that.

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    • #3
      ELKLAW, thanks for the input. I was hoping there would be a way to resolve this without going through the legal system. My ex-wife is employed by a law firm and does not have to pay any legal fees. This has caused me financial problems in the past. My daughter spends the summer months with me and never lives at her Mother's home, but her Mother's home is my daughters legal address. My daughter is not mentioned in the judgement of divorce as far as college is concerned. This being the case, wouldn't I have the right to stop child support while she is attending college on a part time basis and living on her own?

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      • #4
        Most states' child support laws continue the obligation until the child is 22 if attending college full-time. I doubt New Jersey is any different. You child is 22 and attending college part-time and moving out of the mother's home as a legal residence. You can probably go file the termination paperwork on your own without a lawyer. Even if the mother gets free legal help, this is reality.
        http://www.judiciary.state.nj.us/prose/infmpjm.pdf
        http://www.judiciary.state.nj.us/forms.htm
        This is a link to family law forms that you can complete.
        http://www.judiciary.state.nj.us/probchild/
        This is a link to child support enforcement. Call and ask them how to terminate child support formally.

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        • #5
          ELKLAW, I will use the links provided. Thanks for all your help.

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          • #6
            Child Support and College

            I thought you should refer to http://www.divorcesource.com/NJ/ARTI...ernstein1.html you are not required to pay child support and pay for college at the same time unless you have the financial resources.

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