Legal Question in Family Law in New Jersey

Child Support

My ex-husband is the custodial parent of our 17 year old daughter to whom I am currently paying child support. Our daughter has moved in with her boyfriend and no longer stays at her fathers home. She is not currently attending school (dropped out)and she does not have a job.

Under these conditions, am I still legally obligated to pay child support until she is 18? Thank you.


Asked on 8/03/05, 12:23 pm

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Child Support - daughter with boyfriend

If she is truly living with her boyfriend, then it appears that there is no support obligation for either you or your ex. You would need to file a Motion to declare her emancipated. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly 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, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 8/03/05, 12:47 pm
Gary Moore Gary Moore Attorney At Law

Re: Child Support

You are entitled to file a motion with the court

to terminate your child support obligation; your daughter appears to be emancipated.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 8/03/05, 2:46 pm
Robert Davies The Davies Law Firm, P.A.

Re: Child Support

This is a fairly common issue. NJ law does not set a fixed 'emancipation' date by statute. However, your divorce may have included a written agreement between yourself and your ex which includes a definition of 'emancipation'. Please call me if I can assist you. An attorney should be able to tell you quickly whether you have a decent argument for cutting off child support payments. Do not delay: you can not get back any child support paid before you ask the Court to cut it off.

Bob Davies, Attorney At Law 973-890-0400

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Answered on 8/03/05, 3:06 pm


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