Legal Question in Family Law in New Jersey

emancipation of a minor

I pay child support for My son, he will be 19 in July, he was enrolled in his first semester of college this September, he was dropped from every class for non-attendance. His mother insisted he go for a 2nd semester (even though I was against it and my son did not want to go), 1 week into the semester he was admitted into rehab for cocaine addiction, needles to say school is once again a wash. He does not want to go back to school & once he is out of rehab he has a full time job with medical benefits lined up, also my divorce agreement states that once secondary education was finished emancipation would take place. would I stand a chance at having him emancipated and having child support stopped?


Asked on 2/07/07, 3:10 pm

4 Answers from Attorneys
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: emancipation of a minor

Under the current state of the law in New Jersey, if he is not enrolled full time in school and works, yes he is emancipated.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of 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.

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Answered on 2/08/07, 9:19 am
Barry Kozyra Kozyra & Hartz, LLC

Re: emancipation of a minor

Depending on the language of the agreement, what happens between now and taking the job, the answer would be "yes".

You should discuss your options wih a lawyer as soon as possible.

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Answered on 2/07/07, 3:15 pm
Gary Moore Gary Moore Attorney At Law

Re: emancipation of a minor

Yes,

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 2/07/07, 3:16 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: emancipation of a minor

You have a good chance, but I wouldn't say it was a "slam dunk". Courts are very, very reluctant to emancipate children who have not completed college. Thus, I strongly suggest getting an attorney as it will help ensure that things go the right way for you. In addition, it shouldn't be that expensive for you so there is no reason no to do things the right way.

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

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Answered on 2/07/07, 4:03 pm


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