Legal Question in Family Law in New Jersey

Child Support

Can a father automatically consider an 18 year emancipated without the judge declaring the child if the child is registered for school? When the divorce papers state's defendant must insurer and support child until 22


Asked on 1/25/07, 11:16 am

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Child Support

If there is a Court order that support be paid until emancipation or when in school up to age of 22 another Court order is required to terminate this obligation.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/25/07, 11:46 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Child Support

To expand on what Mr. Moore said, a child is not really emancipated until a court says they are.

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Answered on 1/25/07, 12:16 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Child Support

"Emancipation" is not defined by age, it is defined by status. Thus, if the child is still in school at age 25, he/she may not be emancipated. On the other hand, a child who is married at age 17 would be emancipated. A careful review of all of the facts and circumstances is necessary. And a Court Order would be required to establish that the child is emancipated.

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. Feel free to call me for a free one hour consultation. Good luck! Rob Gleaner

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Answered on 1/25/07, 12:29 pm


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