Legal Question in Family Law in New Jersey

Re: Emancipation of child once graduated from college

The wisest course would be to obtain an Order preferably by consent with the mother prior to May 2003. The Order would terminate child support and any obligation for college expenses as of a certain date. If the mother declines to sign such an Order, a motion should be filed seeking the Court to enter such an Order.

Drew M. Hurley, Esq.

(908) 429-1118

Re: Emancipation of child once graduated from college

Please be advised that I have not been retained to represent you and I am basing this response on the limited amount of information supplied. However, it is never a wise course to simply stop paying. the two ex-spouses should attempt to enter in a consensual agreement and have it signed by both of them that if the child graduates in May, all payments will cease. If they cannot agree, a petition should be made to the Court so that the payments can legally stop. If your husband chooses to stop payments on his own, it may be fine - but it also could cause him undue problems if the ex-wife will not cooperate and the Court reads the agreement in a different light then what you have described. In order to properly advise you, it would be beneficial if a lawyer cold examine the agreement to be sure of all terms and contingencies. If you wish to discuss this matter in greater detail, I can be reached at 908-537-7975.

Good Luck!