Legal Question in Family Law in New Jersey

child support/emancipation

I have an 18 yr old daughter who is a full time college student, living at home and pregnant. I still receive child support for herbut no help with college. Do I need to notify the court when she becomes a parent? Will she be emancipated at that time? She'll be taking a semester off from school and then going back in the fall again. Her father is not aware of the situation because he has no relationship with her.


Asked on 10/18/08, 11:12 pm

1 Answer from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: child support/emancipation

In New Jersey, emancipation occurs only when a child reaches 18 years and/or becomes financially independent. A child is not automatically emancipated at the age of 18; the courts determine emancipation on an individual basis. New Jersey has no fixed age or specific event triggering the end of support, unless it is stated in a court order. In some cases, support may continue beyond the age of 18 or high school graduation. To emancipate a child, one of the parents must ask the court to end or change the support order, or both parents can agree and sign a request for case closure. The emancipation of a child does not automatically excuse the payment of accumulated arrearages.

Most courts will not terminate child support if a child is enrolled in college. Moreover, when a child finishes college, most judges will not emancipate him or her until the summer is over. They prefer to give the young college graduate at least a summer to seek permanent employment before he or she is �cut loose� in the real world.

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 10/20/08, 9:42 am


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