In a Decision – Longer v. Nace, ,, (an "Unreported Decision") >> the Court Held:
The Appellate Division reversed the Trial Court Decision because the Divorce Agreement established emancipation at an earlier date than the new statute.
The Court found that the parties had agreed that emancipation would occur at completion of college and that the new statute that provides generally that "the obligation to pay child support shall terminate by operation of law when a child reaches 23 years of age." Did not change what the parties agreed upon.
The Court did not read N.J.S.A. 2A:17-56.67 to require a different result. That statute provides for termination of any obligation to pay child support by operation of law "when a child reaches 19 years of age unless: (1) another age for the termination of the obligation to pay child support, which shall not extend beyond the date the child reaches 23 years of age, is specified in a court order." By its terms, the statute establishes an outer limit, age 23, for payment of child support. It cannot sensibly be read to extend an obligation of support that parties freely negotiated in a consensual agreement to that outer limit. See DiProspero v. Penn, 183 N.J. 477, 492 (2005) (noting the best indicator of the Legislature's statutory intent is the statutory language).