- posted: Mar. 01, 2025
- Family Law
Parents of sons and daughters with special needs face enormous challenges, and these challenges often continue into legal adulthood. In most cases when parents live apart, child support obligations in New Jersey end when a youth turns 19. However, the state recognizes that some young adults with disabilities require continued financial support beyond this age.
Under NJ Rev Stat § 2A:17-56.67, parents may be ordered to pay ongoing child support if their son or daughter has a physical or mental disability that existed before turning 19 and has been determined by a federal or state agency to require continued care and financial assistance. This legal provision is designed to ensure that disabled young adults have the resources they need, and that the responsibility for providing the necessary funds is divided fairly among parents.
Agencies that can make the qualifying determination include the Social Security Administration and the New Jersey Division of Developmental Disabilities. If the court determines that the individual’s condition significantly limits their ability to be self-sufficient, child support obligations can continue indefinitely. Factors that might be considered by the court when deciding on support for a special needs young adult include the following:
The severity and nature of the disability
Whether the disabled individual can earn some money for themselves by working
Medical expenses and ongoing care needs
Each parent’s financial situation
Any government benefits or assistance the young adult is receiving
Traditionally, support obligations could continue until the son or daughter turned 23. This is consistent with New Jersey law requiring divorced parents to share the burden of paying for their children’s college tuition. However, the state’s Supreme Court has held that obligations relating to a disabled young adult can go beyond that age. Though at some point, it is usually referred to as financial maintenance rather than child support.
If a parent believes payments should continue due to a child’s disability, they must file an application with the court before the standard termination of support at age 19. Supporting documentation, including medical records and determinations from government agencies, will be necessary to prove the ongoing need for support.
Consulting with a knowledgeable family law attorney can help you understand your rights and options if you have a special needs son or daughter who is approaching adulthood. At Rehrer & Rehrer Attorneys at Law in Toms River, we handle of a full range of New Jersey child support matters. Our firm offers free consultations to new clients. Please call [ln::phone] or contact us online to set up a meeting.
- posted: Mar. 01, 2025
- Family Law
Parents of sons and daughters with special needs face enormous challenges, and these challenges often continue into legal adulthood. In most cases when parents live apart, child support obligations in New Jersey end when a youth turns 19. However, the state recognizes that some young adults with disabilities require continued financial support beyond this age.
Under NJ Rev Stat § 2A:17-56.67, parents may be ordered to pay ongoing child support if their son or daughter has a physical or mental disability that existed before turning 19 and has been determined by a federal or state agency to require continued care and financial assistance. This legal provision is designed to ensure that disabled young adults have the resources they need, and that the responsibility for providing the necessary funds is divided fairly among parents.
Agencies that can make the qualifying determination include the Social Security Administration and the New Jersey Division of Developmental Disabilities. If the court determines that the individual’s condition significantly limits their ability to be self-sufficient, child support obligations can continue indefinitely. Factors that might be considered by the court when deciding on support for a special needs young adult include the following:
The severity and nature of the disability
Whether the disabled individual can earn some money for themselves by working
Medical expenses and ongoing care needs
Each parent’s financial situation
Any government benefits or assistance the young adult is receiving
Traditionally, support obligations could continue until the son or daughter turned 23. This is consistent with New Jersey law requiring divorced parents to share the burden of paying for their children’s college tuition. However, the state’s Supreme Court has held that obligations relating to a disabled young adult can go beyond that age. Though at some point, it is usually referred to as financial maintenance rather than child support.
If a parent believes payments should continue due to a child’s disability, they must file an application with the court before the standard termination of support at age 19. Supporting documentation, including medical records and determinations from government agencies, will be necessary to prove the ongoing need for support.
Consulting with a knowledgeable family law attorney can help you understand your rights and options if you have a special needs son or daughter who is approaching adulthood. At Rehrer & Rehrer Attorneys at Law in Toms River, we handle of a full range of New Jersey child support matters. Our firm offers free consultations to new clients. Please call [ln::phone] or contact us online to set up a meeting.
