Legal Question in Family Law in New Jersey
child support, emancipation
my ex husband is requested my daughter be emancipated even though she is still in college. i want to file a cross motion to request her not be emancipated and a request for him to rightfully pay half of her college costs that he never did. do i fill out the same paperwork he did as a cross motion or is that something separate?
1 Answer from Attorneys
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.
DISCLAIMER: This response does not create an attorney-client relationship between you and this law firm. You should not rely on statements made by an attorney over the internet. The exact facts of your situation, including facts missing from your question, could impact your legal rights and remedies and alter the advice you are given.
In the absence of a signed letter of engagement or a contract of representation, no information contained in this response constitutes an undertaking of representation or an expression of a binding legal opinion. Do not construe anything in this response to make you a client and do not disclose anything to the firm in reply that you expect to be held in confidence.