Legal Question in Family Law in New Jersey

Child Support Questions

My basic question is whether my son's income is included when determining child support. My son's father has contacted me through his lawyer wanting to emancipate him. He is 22 years, still in college, and due to earn his associates degree in Dec. 2006. He would like to continue with school to earn his Bachelors Degree. Because of a learning disability, he has been advised to take no more than three courses per semester, which explains why it is taking him so long to get through school. This case has been handled through the Probation Department, but the lawyer expressed interest in keeping this out of court. I have been trying to cooperate and give them the information they want, but I told them that I didn't think that discontinuing child support at this time was in my son's best interest. My son does work a part time job to earn money for car insurance and gas. In the latest correspondence, they have asked for proof of the learning disability, and want to know where he works, when he works, and how much he earns. Will his income affect the case, or is it strictly the income of the parents that counts? Should I continue to correspond with them, or should I contact the probation department? Thank You for your help.


Asked on 7/09/06, 8:51 pm

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Child Support Questions

You should fight this, as it seems that your son is not independent and selfsupporting.

If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I would be happy to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 7/19/06, 1:37 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Child Support Questions

In my opinion it depends on the situation. More importantly, I don't see any advantage to not taking this to court for you. I think it would only hurt you, which is why the lawyer wants to keep it ouf of court

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Answered on 7/10/06, 9:49 pm


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