Legal Question in Family Law in New Jersey
Emancipation of college age plus child
I have a 22 year old daughter who lives out of state with her mother. I have had no verbal contact with her since her mother moved almost a decade ago without my prior knowledge or consent. I have been paying child support for her throughout through the probation department which had been until recently my only source of communication with my daughter. My daughter is a firstsemester junior in college. She is an honor student who is on pace to graduate in 5 more semesters. She is taking the minimum 12 credits per semester necessary to remain a full time student. The reason she is so far behind is that she took off a couple of years before returning this year. She accused me in a court affadavit of refusing to pay for her college costs therefore her dropping out of school which was a blatant lie since I was never asked to pay for it in the first place which is obvious with no communication between the parties. Unbelievable, last May the Judge allowed her to go back to school and continued the child support and also making me responsible for a pecentage of college costs. I have no problem paying for her schooling but wonder if it would be worth my while to challenge the pace of her schooling and pay for child support also.
3 Answers from Attorneys
Re: Emancipation of college age plus child
Once a child goes to college, this is a time of "substantial change of circumstance" requiring a fresh look at the child support obligation. Part of your frustration at this point is based on the fact that this was not looked at immediately after high school, while she was not attending college. In any case, how the Court will look at it at this point, is problematic because whether or not you are entitled to a reduction in child support (that is direct payments to your ex), depends on many things, including payments that you are making for the child's education, your needs in connection with the continued support of your child, where the child lives while attending college and the relative income of the parents. I cannot give you a good answer without more details as to your particular circumstances. In general, however, in NJ, the divorced parents are required to pay college costs in accordance with their ability to pay. This balance is calculated after all applicable loans, grants, scholarships, etc. In order to calculate the ability to pay, a comparison of the assets and incomes of the parties (and the child) is necessary. Further, you may only be required to pay child support for the time while the child is actually living in her mother�s household.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Family Law attorney. Good luck! Rob Gleaner
Re: Emancipation of college age plus child
You might prevail and you might not. I require more information to answer your question. If you will call me and
answer a few questions I will attempt to answer your question.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Emancipation of college age plus child
I think you got a raw deal. If your child stopped going to college then its over. That's generally how it works. Not sure what happend in your case but I suggest you see an attorney ASAP to review your case. You only have so much time to appeal a final order and you may be way out of time. The faster you move on it, the better off you will be.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
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