Legal Question in Family Law in New Jersey
Child Support Termination based upon emancipation and college
My son has attended college full time and just finished his 4th year. He switched his major during this past year and as a result will require a 5th year to get his degree due a lack of enough credits. Also, for the past 2 years he has not resided with his mother but lives year round at a home purchased and paid for by his mother near his college.
Can my son be considered emancipated at this time or will I be required to pay child support until he graduates college?
The divorce agreement states that I must pay until a) he graduates secondary school or b) he is no longer permanently residing living with his mother. The agreement also states that residence at a college is not deemed ''residence away''. His mother lives about 2 hours away from his college. Can you offer advice as to whether emancipation has been fulfilled either by him having achieved 4 years of college or by where he now lives? Thanks.
1 Answer from Attorneys
Re: Child Support Termination based upon emancipation and college
This is a fact sensitive determination which requires a careful review of the underlying agreement(s) and the current and pat fact circumstances to determine if you must pay child support and/or education expenses. Counsel must assist and you may wind up in Court for a decision.
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