Legal Question in Family Law in New Jersey

Emancipation of college dropout

I currently pay $180/wk child support for 2 kids ages 20 and 23. 20 year old has dropped out of college and wants to be emancipated. Opposing attorney wants me to sign papers saying child support will drop for 1 child to $143. Shouldn't it just be $90? Also, 20 year old hasn't attended school for the past year yet I've been paying support. Would I be entitled to that money back being it was taken under false pretenses?


Asked on 9/21/07, 4:47 pm

4 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Emancipation of college dropout

I do a good amount of these cases and just had one today. First, I would be real careful about dealing with a case where the other side has an attorney and you don't, especially when that attorney wants you to sign something. Second, the child support doesn't work like that, you just can't say its $90 per child. You have to run the guidelines. Third, why are you still paying for the 23 year old? Finally, yes, you would get that money back because the actual emancipation date would be pushed back so you have over paid but in reality, if you still have to pay to the other child, it won't make any sense to have the same money going back and forth, so you would just have a credit for the other child.

Might be time to actually consult with an attorney to discuss this case instead of relying on this site.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 9/21/07, 4:54 pm
Gary Moore Gary Moore Attorney At Law

Re: Emancipation of college dropout

You should not be paying any sort of child support; one child is 20 years old and has not attended school for a year and the other child is five years beyond his or her graduation from high school.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 9/21/07, 5:20 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Emancipation of college dropout

Why are you still paying for the 23 year old?

With regard to the money that was overpaid, this should be credited to your account.

Are you paying your spouse directly?

Please do not sign anything until you have an attorney look it over.

My firm can assit you in this matter.

Sincerely,

Antoinette M. Wooten, Esq.

C/O Love & Long, LLC

108 Washington Street

Newark, NJ 07102

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Answered on 9/21/07, 6:05 pm
Robert Davies The Davies Law Firm, P.A.

Re: Emancipation of college dropout

You have three attorneys asking you why you are still paying child support.

Now you have four.

Go see a lawyer, file a Motion asking to terminate child support. The sooner you do this, the sooner the Judge will make a decision.

And it is crazy for her to have a lawyer trying to talk you into doing something harmful to you, while you have no one to advise you. Get a lawyer!

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Answered on 9/24/07, 11:27 am


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