Legal Question in Family Law in New Jersey

child support, emancipation, armed services

Do I have the right to file a motion to stop child support payments once my son has joined the Reserves? He has chosen to go back to college since his enrollment. The fact that he stopped going to school and is over 21, I feel my financial obligation has changed. Also, I understand that when you file a motion, the judge requires proof of information used in the case. How do I aquire said information that the judge requires?


Asked on 10/10/01, 10:21 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: child support, emancipation, armed services

It's hard to say what a judge may require after the motion is filed. You'll have to ask him/her and then try to get it. On the other hand, it is up to you to prove that your child is emancipated. This can be accomplished by any number of ways. The best way, however, is just to state his date of birth and then the facts and circumstances concerning why you believe he is emancipated. If the motion is ignored, you may win by default. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 11/26/01, 9:32 am


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