Legal Question in Family Law in New Jersey

College Child - Child Support

My 18 yr old son just entered college. My ex-husband file a motion to cease paying child support for my son saying he's emancipated. Isn't it true that if my son is college he has to pay child support? My son has a student loan in his name for tuition, rent, utilities and some spending money, not enough to support himself. Does this count as him being ''on his own''?


Asked on 9/29/08, 7:09 am

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: College Child - Child Support

This is a very complicated issue that is fact sensitive. You should really discuss this over the phone with an attorney.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 9/29/08, 8:17 am
Gary Moore Gary Moore Attorney At Law

Re: College Child - Child Support

If he is attending college full time your son is not emancipated. Your husband should be contributing to his college expenses to the extent that he is able. If you son is not living at home your child support payments should be reduced somewhat to reflect the father's contribution to your son's getting his room and board as a consequence of the father's college contribution.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattonreyatlaw.com

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Answered on 9/29/08, 8:59 am


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