Legal Question in Family Law in New Jersey
emancipation of children
I have been divorced for ten years and have four children. My ex has been paying support for three of them. When my son graduated from college I emailed my ex husband, notified him by letter and also notified the court that he was self supporting and then eventually married and support had to be adjusted. I understand that emacipation is achieved by filing a motion but I stated that I would not file myself but would not contest the emancipation nor appear in court and I was willing to supply any requested information. To put it in a nutshell, it had been 10 long years of many motions , court battles restraining orders etc. and I did not wish to fight any longer. My ex has filed a motion for emancipation and wishes to make it retroactive to the date of my son's graduation. I notified the court and my ex shortly after graduation ( I retained copies of those letters) which was almost two years ago. I feel he had every opportunity to file for emancipation at that time but let two years lapse and now wants to be credited. I wanted to know if the court can make the order retroactive to that date. I have been receiving support of only $45 a week per child over the last ten years with no raise. I am pro se. Thanks, Judy
3 Answers from Attorneys
Re: emancipation of children
Yeah, I agree with Mr. Moore. Don't just sit there or the Judge may find totally in favor of the other side as the motion will be unopposed.
You want to raise the defense of laches. I do it all the time in these retro cases and it has worked every time. Its pretty basic law and its works in a variety of child support applications such as medical bills, etc. However, it will be retro from the date of filing so anything you got paid from then to now you will have to pay back or it will get credited to the other children.
Should you have any other questions, feel free to give me a call at 732/247/3340. My initial consultations are always free.
Re: emancipation of children
I have read what Gary and Jef said, and I agree. Go get him. By the way, I have the following suggestion:
HIRE A SMART EXPERIENCED AND FORCEFUL DIVORCE ATTORNEY. DO NOT DO THIS ON YOUR OWN NOR WITH A CHEAP, INCOMPETENT ATTORNEY!!
Do what it takes, but go get a decent lawyer. Sell the TV, eat oatmeal for a month, whatever it takes, but please do!
Please believe me; since I am in northern NJ I am NOT looking for your business. It really will help.
ho, boy, $45 per week and no increase? you also have been sitting on your rights, and long ago should have applied for an increase. why are you not getting at least the automatic cost-of-living increase that the Court system puts through? A decent lawyer should be able to help a lot.
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: emancipation of children
He sat on his rights and should not get the credit he seeks. You must file papers opposing his application, including copies of your efforts to advise of your child's graduation.
Gary Moore, Esquire
Hackensack,New Jersey
www.garymooreattorneyatlaw.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
