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Child Support Agreements Not Always Enforceable

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By:  Bruce P. Matez, Esquire

In the recent case Cosco v. Cosco the Appellate Division of the Superior Court of New Jersey determined that an agreement between divorced parents to terminate child support when their child attains the age of 18 is not enforceable if the child in question remains un-emancipated (in that case, the child is attending college full-time). The court relied upon case law which holds that child support is the right of the child and may not be waived or abrogated by the parents. Children who attend college on a full time basis after high school after reaching 18 years of age are entitled to the financial support of both of their parents even if their parents agree otherwise. There are six states, D.C., Puerto Rico and the Virgin Islands which require parents to financially support their children beyond reaching the age of majority and graduation from high school; New Jersey, Georgia, Hawaii, Massachusetts, Mississippi and Oregon. All others require the termination of child support at age 18 or upon graduation from high school in general, although there are few exceptions and most do not require any support after the age of 19 (in some states 21 in exceptional circumstances). This case clearly and unequivocally denies divorced or never-married parents the ability to negotiate between them how long they will be obligated to financially support their children, whereas married parents can cut-off support of their children at age 18 at their discretion. Currently, the law in New Jersey also requires that divorced or never-married parents contribute to their children’s college education expenses, a requirement that does not currently exist for married parents.