Legal Question in Family Law in New Jersey

Emancipation

Just recently I filed a pro-se to have the judge re-evaluate my financial obligation for my 19 yr. old son's college tuition. He orginally was going to a $8000.00 a semister college then left after 1 semister moved back to his fathers and enrolled at our local community college where he is attending 3 classes per week. The juge ruled that the child support obligation has been terminated but added that instead of the 30% tuition I owed now it's 50% for this less expensive college. My question is I just received these motion papers last week and yesterday while at the college with my son to pay my 50% owed now I found out that he has been only taking 10 credits worth of classes since September. Does this give me grounds to have the judge re-look at his decision?? I have been told this is only part-time and I shouldn't have to pay. What happens also when he becomes emancipated??? Does he lose health insurance etc.. that he receives thru his fathers work? Thank you in aadvance for your help.


Asked on 11/05/03, 7:29 am

2 Answers from Attorneys

Bruce Matez Gerstein Grayson, LLP

Re: Emancipation

Yes. Those circumstances do give you grounds to have the Court review this and reevaluate, as well as potentially emancipate your son.

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Answered on 11/05/03, 10:05 am
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Emancipation

Yes, a change in circumstances allows the Court to re-evaulute the matter, it is a change in circumstances.

Child support and insurance are two different issues. The health insurance issue would be addressed by the insurance company and their policy, but your son should be able to remain on your ex-husband's policy.

Important: Any information provided is offered for discussion purposes only. It may not apply to your specific factual situation or jurisdiction and cannot be relied upon without the advice of your own counsel. This communication does not create a client-attorney or any other client-professional relationship, and no one can rely on advice from an attorney who has not been retained. Please feel free to call me at 856-489-8888.

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Answered on 11/05/03, 10:07 am


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