Legal Question in Family Law in New Jersey

Re: emancipation

Supporting your child in college is child support. When he is in college it should be paid only for when he is with your former spouse, normally. Since you are equally sharing his at home time you should not to pay any child support to his mother. You must file a motion with the Court to get the proper authorization to stop paying child support when he starts college.

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Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: emancipation

Once a child goes to college, this is a time of "substantial change of circumstance" requiring a fresh look at the child support obligation. You also have the absolute right to be in on all decisions concerning a choice of college.

Whether or not you are entitled to a reduction in child support, and also the amount of your contribution to any college costs, depends on many things, including your needs in connection with the continued support of your child, where the child lives while attending college, reasonable contributions by the child and the relative income of the parents. I cannot give you a good answer without more details as to your particular circumstances. Remember that in general, in NJ, 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.

Keep in mind that this advice is based purely on the little bit ofinformation 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 an attorney. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

Re: emancipation

You are mixing concepts here. College support and child support are totally different. If you do not have to pay for any college, I would not rock the boat. However, I cannot possibly give you a good answer through this site since these cases are very fact specific.

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