Legal Question in Family Law in New Jersey
College Credits
I am paying child support for my son who will be 23 in September. Mty ex insists he is a full time college student. I went to the college only to find out he is signed up for 6 credits for the fall semester. Is this considered full time and am I obligated to continue support payments? His GPA is terrible.
5 Answers from Attorneys
Re: College Credits
You should really see an attorney to discuss filing a motion right away. You have probably been paying for child support for a long period of time when you shouldn't have and you are probably owed money.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: College Credits
The gravy train stops as soon as you can get in front of a Judge.
Find and hire a divorce attorney NOW, file a motion to terminate all support. At age 23 with 6 college credits and a terrible GPA, all support should be terminated (unless there are other factors that come into play).
You really need to get some assistance from an attorney. I suggest you find an experienced divorce attorney (this is a divorce type problem) who is not too far from you, and ask the attorney for assistance. You will have to pay the attorney for the attorney's efforts.
There is a lot at stake. Get a lawyer!
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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.
Re: College Credits
In the my motion practice, judges in the Family Court in the area of your zip code would emancipate a child that is not carrying a sufficient course load to be a full time student. In the Gloucester County area, my experience has been that the minimum number is 12 credits. Additionally, some judges will not tolerate a half-baked effort on the part of the student to forestall emancipation. You do not disclose the source of your information
for your child's poor GPA performance. I find that unless we have an authorization signed by the student or unless we subpoena the student's records, the schools, colleges or universities in NJ will not release information to a parent such as the transcripts. Other factors may be present that could be discussed in a more confidential forum. If there is a Property Settlemnt Agreement or other divorce-related document containing reference to the emancipation events that may also impact the result. My experience has been that when a student's records are subpoenaed the student's progress is often not sufficient to require continued participation of the parent in the 23 year-old's support. My office is located at the border of Camden and Gloucester Counties in Washington Professional Campus. I do frequently practice in the Family Court of those two counties but also other counties. However, the venue depends upon where the parties' divorce was granted and other factors. There is alos the issue of whether there are other children yet unemancipated and if the risk is present that the support may actually rise in such cases. It would be wise to pursue this maatter. You may call or email and set up an appointment.
Re: College Credits
You need to file for a Motion to end all support. Six credits is not full-time!
At the age of 23, your child is now emancipated, and cannot look to you for support unless the child has physical or mental ailments that require special treatment/attention.
Antoinette M. Wooten, Esq.
108 Washington Street
Newark, NJ 07102
14 Bosworth Lane
Willingboro, NJ 08046
Re: College Credits
The measure is the college's definition of a full time student. There should be some information available at the college. I would expect that twelve credits would be the minimum per semester. If he is a part time student you may be entitled to stop paying for college. I note that 23 years of age is the usual limitation in standard property settlement agreements for cutting off
support for an offspring in college.
You need to read the relevant section of your property settlement agreement.
Call if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com