Legal Question in Family Law in New Jersey

Re: child support, emancipation

If someone is ordered to pay for all or part of a child's college expenses and fails to do so, the other parent would file what's called a Motion to Enforce Litigant's Rights asking the Court to find him in violation of those rights for failing to pay what he was ordered to pay. That Motion also could ask for sanctions for violating a court order, such as attorney's fees. If the parent never was ordered to pay for the child's college expenses, it would be permissible to request the Court make such an order.

It is not necessary to file anything to oppose a request for a child to be emancipated, but it is recommended generally to do so anyway to protect one's rights. If one does not end up hiring an attorney in this type of case, at a minimum, that person should file an affidavit (sworn and notarized) setting forth the reasons why the child should not be emancipated.

Some of these issues can be complicated legally. If you're able to hire an attorney, or at least consult with one to get some legal advice, I strongly encourage you to do so. Best of luck.

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