Legal Question in Family Law in New Jersey

Re: Emancipation & Child Support

"Emancipation" is not defined by age, it is defined by status. Thus, if she is still in school at age 25, she may not be emancipated. On the other hand, a child who is married at age 17 would be emancipated. A careful review of all of the facts and circumstances is necessary. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: Emancipation & Child Support

I agree with Mr. Gleaner. I would also suggest you check the separation agreement if there was one. Quite often the separation agreement will define "emacipation events."

If the separation agreement does not address this, or if there is no separation agreement, this quite possibly could end up in court unless the parents can come to an agreement. Ending up in court will always end up costing you money in terms of attorneys fees and court costs. It is also possible that the judge will order you to split the college costs anyway.

If you cannot work this out with your ex-spouse, I would highly suggest you hire an attorney to negotiate for you.