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My autistic son lives with his mom in nj and turns 18 next month and she will get 100% of legal guardianship

Tinton Falls, NJ |

Can I be relieved of all child support because he will be emancipated next month and when I stop paying child support the SSI benefit will replace it. we have in the agreement that when she gets ssi we deduct that from child support when he turns 18 but he won't qualify for ssi if I keep paying child support. Can I stop paying child support when he reached 18 next month and then she files the ssi form with no child support

Attorney Answers 2


No, you still have to pay child support. In addition, for the sake of discussion, you could not just decide to stop paying child support, only a Court Order ending your obligation would allow you to stop paying child support. The fact that he is going to get SSI has nothing to do with your support obligations. From the facts you state, it seems he is incapable of living on his own.

Leonard R. Boyer, Esq. 201-.675-.5577. Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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You cannot stop paying child support until the court allows you to stop. You can try to make an application to the court, however the child simply turning 18 is not enough.

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