Directive #04-26 – Civil/Probate/Family/Probation – Support/Financial Maintenance

This Directive clarifies whether claims for support and/or financial maintenance should be filed in the Civil Part, Family Part, or Probate Part in accordance with the Termination of Obligation to Pay Child Support Law, N.J.S.A. 2A:17-56.67; R. 4:3-l(a)(4)(I) "Post-Judgment Relief Relating to Incapacitated Adult Child of Parents Subject to Family Part Order"; and R. 5:6-9 "Termination of Child Support Obligations." Although this Directive does not encompass all scenarios that can arise, it offers guidance as to the most frequent scenarios.

For the scenarios outlined below, an application for support and/or financial maintenance is to be filed as follows:

Scenarios	Division
1. Incapacitated adult who is not eligible for child supp01i pursuant to N.J.S.A. 2A: 17-56.67, including an incapacitated adult over 19 with no preexisting child support order	Probate, except that when an FM, FD, or FV matter is concurrently pending, and/or when either parent remains subject to a Family Part support order or financial maintenance order related to other dependents, the support issue for the incapacitated adult child shall be filed and heard in Family.
2. Incapacitated minor with no Family matter pending and not seeking child support pursuant to N.J.S.A. 2A: 17-56.67	A minor cannot be adjudicated incapacitated in Probate. Friendly settlement matters involving minors shall be heard in Civil. Applications for withdrawal of funds held in the Surrogate's Intermingled Trust Fund shall be heard in Probate.
3. Incapacitated adult whose disability arose after child support was terminated	Probate, except that when an FM, FD, or FV matter is concurrently pending, and/or when either parent remains subject to a Family Part support order or financial maintenance order related to other dependents, the support issue for the incapacitated adult child shall be filed and heard in Family.
4. Incapacitated adult over 23 with a pre-existing, current, charging child support order (also referred to as life of child order)	Family
5. Adult over 19 seeking support who is not incapacitated and does not qualify for child support pursuant to N.J.S.A. 2A: 17-56.67 Examples include but are not limited to: There is no prior child or medical support order, and the child is 18 or older, and not in high school, at the time of the application There is an ongoing child support award, and the child is over 19. In such case, an application for financial maintenance can be filed by either an adult child or a parent/guardian if the child: (1) is not enrolled in high school; (2) is not enrolled in a full-time post-secondary educational program; or (3) does not have a physical or mental disability that existed prior to the child reaching the age of 19 and requires continued support.	Family

Questions regarding this directive may be directed to Family Practice Assistant Director Joanne M. Dietrich or Civil Practice Assistant Director Taironda Phoenix.

cc:

Chief Justice Stuart Rabner
Family Presiding Judges
Civil Presiding Judges
General Equity Presiding Judges
Probate Judges
Surrogates
Steven D. Bon ville, Chief of Staff
Directors and Assistant Directors
Clerks of Court
Special Assistants to the Administrative Director
David Tang, Chief, Family Practice
Nancy L. Manuele, Chief, Family Practice
Kristi Jasberg Robinson, Chief, Civil Practice
Jeannette Murray, Chief, Office of Probation Services
Family Division Managers & Assistant Managers
Civil Division Managers & Assistant Managers
Probation Services Managers & Assistant Managers
Richard Rogers, Esq., Staff Attorney, Family Practice
Rachel Zakarin Sheitelman, Esq., Staff Attorney, Office of Probation Services Emily Mari, Esq., Staff Attorney, Family Practice
Suvarna Sampale, Esq., Staff Attorney, Civil Practice

Document Date: March 11, 2026

Publish Date: March 12, 2026

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