At the finalization of your divorce, you may be ordered to make child support payments if your former spouse has primary custody over your child. However, once your former spouse gets remarried, you may be curious as to whether these payments can end. Follow along to find out if you can stop making child support payments when your former spouse remarries and how one of the proficient New Jersey child support attorneys at Haber Silver Russoniello & Dunn can walk you through the official request process.
Can I stop making child support payments when my former spouse remarries?
Before all else, you must know that you have to formally request the modification or termination of your child support payments. This is officially known as filing a petition for a post-judgment modification with a New Jersey family court.
But even so, it is unlikely that the court will grant your request solely based on your former spouse remarrying. This is because the court holds the notion that a child must not be deprived of any financial opportunities they would have received if their parents were still together. In a similar sense, the court also holds the notion that a new romantic partner need not be financially responsible for a child from a previous marriage.
However, this is not to say that a modification is impossible. You may argue that your circumstances have changed since your divorce was finalized. For instance, you may have gotten remarried yourself and added new children to your family. With this, the court may consider a modification, as they believe that new children should not be deprived of any financial opportunities because of a previous marriage.
Or, you may argue that since your former spouse remarried, they benefit from a new source of income. With that, they may have more disposable income to spend on your child, and your full child support amount is no longer needed.
When else may I stop paying child support?
You do not have to wait for the possibility of your former spouse getting remarried to modify or terminate your child support payment obligations. That is, in the state of New Jersey, a child is considered emancipated at the age of 19. And so, once your child reaches this age, you may request that your child support ends. However, there are some exceptions to this rule. For one, if your child has special needs, you will likely have to continue making these payments. Or, if your child is still engaged in school, you will likely have to continue making these payments until they reach the age of 23.
As far as college expenses go, the state of New Jersey holds that two capable parents should be legally responsible for the cost of their child’s education. And so, a New Jersey family court may determine how much you will need to pay.
For more information on how to request a post-judgment modification or otherwise, schedule an initial consultation with one of the talented Morris County family law attorneys today.