Legal Question in Family Law in New Jersey
age of emancipation
I have been paying child support since my son was 5 years old. He will be 22 in September and continues to keep entering colleges and taking courses full time. I was told by the probation dept. that I must keep paying child support until my son stops attending college full time however it seems he is becoming''a professional student'' In my divorce decree it says this...If the children qualify for higher education after completion of their secondary school education, both parties are to pay according to their ability with both parties giving prior approval as to the selection of the school to be attended, but not to be unreasonably withheld by any party'' That is all it says!! My question is how long do i have to keep paying child support and if I don't have to, who do I see to change or end it? Thank-you
2 Answers from Attorneys
Re: age of emancipation
Generally, child support (including college expense) in NY ends at 21, absent an agreement to the contrary. I would need to read the Judgment and the Agreement, as welll as the Family Court papers, before advising you.
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Re: age of emancipation
Please be advised that I have not been retained to represent you and I am basing this response on the limited amount of information supplied. However, generally a child is emancipated at the age of 18 unless there are provisions in the divorce agreement that provide for a longer period of support payments. In your case, if appears that you and your spouse have agreed to extend support for a period of time in order for your child to obtain a further education. You are now upset that your child is going to school for an unanticipated unreasonably long period of time. The first step I would take is to have a discussion with your son and you ex-spouse to try and detemine what is reasonable. If your ex-spouse and son agree to a change in the agreement - great - if not, you may wish to contact a lawyer and have the agreement and all divorce records looked over to establish your options and then you may wish to petition the Court to alter the agreement. As with any matter, the best option is to try and work it out among yourselves before involving lawyers and the Court. Also bear in mind that if you all agree to alter the agreement among yourselves, you should inform the Court so that your son and ex-spouse do not later change their minds and hold you in contempt of the old Order which will be binding on you unless the you have proof of a new agreement. If you wish to discuss this further, please do not hesitate to contact me at 908-537-7975.
Good Luck!
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