Legal Question in Family Law in New Jersey

child support

my divorce decree 12 years ago never stated when child support would end. my daughter graduated college and is now living home. my ex has cut her out of child support i thought he was required to pay until she was 23 y. old ?


Asked on 11/16/08, 8:43 pm

1 Answer from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: child support

Child support does not end automatically once the child turns 18. However, based on the limited facts provided here, it appears your daughter is emancipated.

So, you must file an application with the court clerk and it is known as a motion to request that the child be declared emancipated. The child support obligation will only end once a family court judge enters an order that declares the child emancipated. The order of emancipation is then given to Probation, and the garnishment of your pay check will then be stopped.

This entire emancipation process takes about 2 to 3 months. Therefore, the emancipation application should be made immediately.

In some counties, the judge will rule on the emancipation application only on the papers, and a court appearance will not be necessary. However, in some counties a hearing is set down, regardless whether the opposing party files an objection.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/17/08, 8:28 am


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