Legal Question in Family Law in New Jersey
Child Support Appeal
In a nutshell, my youngest daughter dropped out of county college sometime last fall. She sent me 3 letters stating to ''stop the child support''. In the meantime, she decided to enroll in a very expensive culinary school in NY which does not begin until October of this year. I went to a lawyer, he filed a motion for emancipation. I lost. Not only do I have to continue paying child support, I am ordered to contribute to this ridiculously expensive school in NY. What about all the time she hasn't been enrolled in college? How do I get this appealed? I need an EXCELLENT family law attorney for Middlesex county. Can anyone help? How do you get the courts to listen? The judge would not hear oral arguments. Everything was done through motions. I will not be using the same lawyer again. I am getting screwed big time by the courts. Previous lawyer said it was because I am not the primary custodial parent. Isn't this discrimination on the part of the court? If nothing else, shouldn't I be compensated for all the support money I paid while she hasn't been attending college? Please, someone , help. Thanks.
2 Answers from Attorneys
Re: Child Support Appeal
Sounds pretty bad. I'd like to get more information about what happened here. Normally, this is the type of garbage that happens when a person goes without an attorney but you had one! I'm in Middlesex County and I would be more than happy to speak with you to discuss this.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: Child Support Appeal
The question is whether your child is emancipated, basically whether she is
dependent or independent. College attendance extends the allowable period of dependence. The question is whether a brief interlude in which the child is not in school terminates her dependent status. Apparently, the child decided that she preferred to attend culinary school and left college and the judge found her absence from school to be brief.
Matrimonial judges have broad discretion, limited only by broad rules limiting same. You could appeal his ruling but culinary school will probably be over by then.
Your obligation to pay for college is limited to what it would cost to attend Rutgers University; if the culinary school costs much more than attending Rutgers University you might be able to get some relief.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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