- 5:6-9-Termination of Child Support Obligations 5:6-9, Duration of Support., In accordance with N.J.S.A. 2A:17-56.67 et seq., unless otherwise provided in a court order, judgment, or court-approved preexisting agreement, the obligation to pay current child support and provide medical support shall terminate by operation of law when the child being supported: dies; marries; enters the military service; or reaches 19 years of age, except as otherwise provided in this rule or applicable statute. , Termination of Obligation in Cases Administered by the Probation Division., , Notices of Proposed Termination., Where no other emancipation date or termination has been ordered by the court, the Probation Division shall send the obligor 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 information for the obligee to submit a written request for continuation of support beyond the date the child reaches 19 years of age. , Written Request for Continuation., In response to the notice prescribed in subparagraph (b)(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 nineteenth birthday if the child being supported: is still enrolled in high school or other secondary educational program; is enrolled full-time in a post-secondary educational program; or has a physical or mental disability as determined by a federal or state agency or court order that existed prior to the child reaching the age of 19 and that requires continued support. , 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 nineteenth 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 nineteenth birthday. No additional notice need be provided to the parties. , No Response to Notice of Proposed Termination., 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 nineteenth birthday. No additional notice need be provided to the parties. , Motion or Application., If a 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. , 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 either 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. , Notice of Termination., Where an emancipation date or termination date has been ordered by the court, the Probation Division shall send the obligor 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. Such notice shall contain the date on which child support shall terminate and information regarding the adjustments that will be made to the obligation, as applicable. , 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. , 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 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. , Termination or Continuation of Child Support Obligations Not Administered by the Probation Division., Where an obligor 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 obligor has been ordered to pay child support directly to the obligee. , 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 on 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. , Emancipation., Except as otherwise provided by these rules, 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. Court-ordered emancipation shall terminate the obligation of an obligor 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. , Support for Children in Out-of-Home Placement Through the Division of Child Protection and Permanency., A child support obligation payable to the Division of Child Protection and Permanency (DCP&P) 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 DCP&P shall terminate upon notification that the child is no longer in placement or upon the child turning 23 years of age, whichever occurs first. , Support for a Child Beyond 23 Years of Age., Pursuant to N.J.S.A. 2A:17- 56.14, N.J.S.A. 2A:17-56.67 et seq., and N.J.S.A. 2A:34-23: A parent, or a child, may apply to the court for an order continuing the child support obligation, as well as the continuation of Title IV-D services, for a child with a severe physical or mental incapacity that causes the child to be financially dependent on a parent. The parental obligation to provide support for the child shall continue until the court finds that the child is relieved of the incapacity or is no longer financially dependent on the parent. In such cases, if the court order so provides, the Probation Division shall be required to provide full Title IV-D monitoring and enforcement services until further order of the court. In cases where a child is over the age of 23 and has not established a Title IV-D case through the Probation Division, the obligor or obligee may apply for limited non-IV-D monitoring only services through the Probation Division, pursuant to the provisions of N.J.S.A. 2A:17-56.14 and R. 5:7-11. The Probation Division shall not be required to provide full Title IV-D enforcement services for such cases. , Financial Maintenance for a Child Beyond 23 Years of Age., Pursuant to N.J.S.A. 2A:17-56.67 et seq. and N.J.S.A. 2A:34-23: 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; parent, or a 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 that the child reached the age of 23; Any arrearages accrued prior to the date of termination or conversion shall remain due and enforceable by the obligee or Probation Division, as appropriate; and(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. , 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. , Note:, Adopted July 28, 2017 to be effective September 1, 2017; paragraph (a) amended, subparagraph (b)(2) amended, paragraph (g) amended and redesignated as paragraph (h), paragraph (h) redesignated as paragraph (i), and new paragraph (g) adopted July 31, 2021 to be effective September 1, 2021. Part 5
- 5:6-7-Separate Maintenance 5:6-7 An action for separate maintenance pursuant to N.J.S.A. 2A:34-24 shall be brought as a summary action unless designated as non-summary in nature by the Family Part Presiding Judge. When the response to the original Complaint for Separate Maintenance contains a counterclaim for divorce, dissolution of civil union or termination of domestic partnership, the action shall immediately be transferred to the dissolution (FM) docket without the need for a formal motion., Note:, Adopted July 28, 2004 to be effective September 1, 2004; amended July 21, 2011 to be effective September 1, 2011. Part 5
- 5:6-8-Affidavit or Certification of Non-Military Service 5:6-8 In every summary action and proceeding for support, no order shall be entered by default unless an affidavit or certification of non-military service is provided to the court, as provided in R. 1:5-7. The forms and procedures to implement the provisions of this rule shall be prescribed by the Administrative Director of the Courts., Note:, Adopted June 15, 2007 to be effective September 1, 2007. Part 5
- 5:6-4-Interstate Support 5:6-4 Matters originating under N.J.S.A. 2A:4-30.124 to 2A:4-30.201 inclusive (Uniform Interstate Family Support Act), shall be scheduled in the same manner as other Family cases and shall be heard expeditiously., Note:, Source-R. (1969) 5:5-5. Adopted December 20, 1983, to be effective December 31, 1983; caption and text amended May 25, 1999 to be effective July 1, 1999; amended July 28, 2017 to be effective September 1, 2017. Part 5
- 5:6-5-Enforcement of Orders 5:6-5 Support orders may be enforced and proceeded upon in accordance with R. 1:10-3 and the applicable provisions of R. 5:3-7, R. 5:7-5, and R. 5:7-6., Note:, Source-R. (1969) 5:6-4. Adopted December 20, 1983, to be effective December 31, 1983; amended June 15, 2007 to be effective September 1, 2007. Part 5
- 5:6B-Cost-Of-Living Adjustments For Child Support Orders 5:6B All orders and judgments that include child support entered, modified, or enforced on or after [the effective date of this rule] September 1, 1998 shall provide that the child support amount will be adjusted every two years to reflect the cost of living. Orders and judgments that include child support entered, modified, or enforced on or before August 31, 1998 shall be prospectively subject to adjustment every two years to reflect the cost of living. The cost-of-living adjustment shall be based on the average change in the Consumer Price Index for the metropolitan statistical areas that encompass New Jersey and shall be compounded. Before a cost-of-living adjustment is applied, the parties shall be provided with notice of the proposed adjustment and an opportunity to contest the adjustment within 30 days of the mailing of the notice. An obligor may contest the adjustment if the obligor's income has not increased at a rate at least equal to the rate of inflation as measured by the Consumer Price Index or if the order or judgment provides for an alternative periodic cost-of-living adjustment. A cost-of-living adjustment shall not impair the right of either parent to apply (1) to the court for a modification of support provisions of the order or judgment based on changed circumstances, or (2) to the State IV-D agency or its designee for a three-year review of a Title IV-D child support order, without the need to show changed circumstances. The forms and procedures to implement cost-of-living adjustments shall be prescribed by the Administrative Director of the Courts., Note:, Adopted July 10, 1998, to be effective September 1, 1998; text amended and allocated to paragraphs (a), (b), (c), (d), and (e) July 16, 2009 to be effective September 1, 2009. Part 5
- 5:7-1-Venue 5:7-1 Except as otherwise provided by law, venue in actions for divorce, dissolution of civil union or termination of domestic partnership, nullity and separate maintenance shall be laid in the county in which plaintiff was domiciled when the cause of action arose, or if plaintiff was not then domiciled in this State, then in the county in which defendant was domiciled when the cause of action arose; or if neither party was domiciled in this State when the cause of action arose, then in the county in which the plaintiff is domiciled when the action is commenced, or if plaintiff is not domiciled in this State, then in the county where defendant is domiciled when service of process is made. For purposes of this rule, in actions brought under N.J.S.A. 2A:34-2(c), the cause of action shall be deemed to have arisen three months after the last act of cruelty complained of in the Complaint. For purposes of this rule, in actions brought under N.J.S.A. 26:8A-10 for termination of a domestic partnership in which both parties are non-residents and without a forum available to dissolve the domestic partnership, venue shall be laid in the county in which the Certificate of Domestic Partnership is filed. For purposes of this rule, for the dissolution of a civil union created in New Jersey in which both parties are now non-residents and without a forum available to dissolve the civil union, venue shall be laid in the county in which the civil union was solemnized., Note:, Source-R. (1969) 4:76. Adopted December 20, 1983, to be effective December 31, 1983; amended January 10, 1984, to be effective immediately; amended July 14, 1992 to be effective September 1, 1992; amended July 13, 1994 to be effective September 1, 1994; Rule 5:7 caption amended and Rule 5:7-1 text amended July 21, 2011 to be effective September 1, 2011; amended July 28, 2017 to be effective September 1, 2017. Part 5
- 5:6A-Child Support Guidelines 5:6A The guidelines set forth in Appendix IX of these Rules shall be applied when an application to establish or modify child support is considered by the court. The guidelines may be modified or disregarded by the court only where good cause is shown. Good cause shall consist of (a) the considerations set forth in Appendix IX-A, or the presence of other relevant factors which may make the guidelines inapplicable or subject to modification, and (b) the fact that an injustice would result from the application of the guidelines. In all cases, the determination of good cause shall be within the sound discretion of the court. A completed child support guidelines worksheet in the form prescribed in Appendix IX of these Rules shall be attached to any order or judgment that includes child support, whether calculated by the court or submitted to the court for approval. If a proposed child support award differs from the award calculated under the child support guidelines, the worksheet shall state the reason for the deviation and the amount of the award calculated under the child support guidelines. The order or judgment and child support guidelines worksheet shall be provided to the parties., Note:, Adopted May 9, 1986 to be effective immediately; amended November 7, 1988 to be effective January 2, 1989; amended May 13, 1997, to be effective December 1, 1997; amended July 31, 2025 to be effective September 1, 2025. Part 5
- 5:7-2-Application Pendente Lite 5:7-2, Support Pendente Lite., Applications for support, counsel fees and costs pendente lite, whether made with the complaint or by notice of motion thereafter, shall be accompanied by a completed case information statement in a form prescribed by the Administrative Director of the Courts pursuant to R. 5:5-2. If this form has previously been submitted, amendments thereto must be filed with the court no later than eight days prior to the motion hearing date. A completed case information statement shall accompany the response to the application pendente lite. If previously submitted, amendments thereto must be filed with the court no later than eight days prior to the hearing date. , Restraints; Contempt; Enforcement., If pendente lite relief is sought, by way of preliminary restraint, to hold a party in contempt or to enforce litigant's rights, the application shall be by motion or order to show cause., Note:, Source-R. (1969) 4:79-3(a), (b). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (a) amended January 10, 1984, to be effective April 1, 1984; paragraph (b) caption and text amended July 21, 2011 to be effective September 1, 2011; paragraph (a) amended July 31, 2025 to be effective September 1, 2025. Part 5
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