Legal Question in Family Law in New Jersey
emancipation of 18 year old
My husband has 2 children from his first marriage, he & his ex have joint custody she has physical custody. The oldest will be 19 in July. He just finished his first semester at Bergen Comm. College. He was dropped from every class for non-attendance. He works and earns about $300/week. The ex says she wants him to go again next semester (so she can keep collecting support for him) can he be emancipated? He didn't attend any classes! And the ex even pulled him out for a full week, one week prior to finals to go on vacation with her to Mexico, she had no regard to him being in school.Their divorce agreement states that emancipation will occur after 18 and secondary education ends, can't his non-attendance qualify as secondary education ending?
3 Answers from Attorneys
Re: emancipation of 18 year old
Yes and you should do it ASAP before he goes back to school. Even though you should still win, you never know with some judges.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: emancipation of 18 year old
I have read what Gary and Jef said; they are correct.
these kind of fights are not always real fights. several of these that i have done have just been the motion, and the exwife and kid realize that the kid really is not making any decent attempt at college and give up. not always, though.
the judge will look at what the young man is doing, not just at what he says. probably, your husband will win this motion.
Too bad, the kid would do much better in life with a college degree. but no one can make him do what is best for him.....and after you get this cut off, if he wakes up and wants to really try again, then YOU and not the exwife will be able to decide what if anything you should do to help him out.
Get a lawyer, file the motion as soon as you can.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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.
Re: emancipation of 18 year old
It seems de facto that he is not really a student. A motion should be
filed to terminate child support.
Call me if you like.
Gary Moore,Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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