In another recent case, August 22, Z.A. v. A.A., 55697/21, Judge Castorina Jr., Supreme Court Judge, wrote a decision whereby a mother requested continued child support in a divorce and physical custody of their youngest child. Now the children were 24, 19, and 17.  The court had to determine where the children resided, especially the 19 year old as once a child is 18 there is no jurisdiction of the court over that child. The court cannot address any custody or visitation issues after age 18. 

 The court would also lose jurisdiction over the 17 year old once the child turned 18. At the age of 18 the court must make determination where the child resides..  The court found that the children had elected to live with the father.  After the Administration of Children’s Services conducted an investigation and interviewed the two youngest children, because of allegations made by the inappropriateness of the relationship between the father and children, the court awarded the father custody of the youngest child who was 17 and denied plaintiff’s request for a determination that she is the custodial parent of the 19 year old.  

After a hearing the court found that the children did indeed live with the father.  The court also denied the mother child support because she did not have custody of course, and they ordered her to pay $50.00 a month child support.  Because of the length of the marriage, she was a stay at home throughout the marriage and she had no income, the court determined spousal maintenance was appropriate and granted her $1,025.00 a month.

The take- away here is when it comes to who pays child support after age 18 the question to ask is where is the child living or spending most of their time. It might be necessary to have the 18 year old testify if there is not a consensus of where residence is and no documentary proof to offer the court such as a driver’s license, or school or work records setting forth their address.