Legal Question in Family Law in New Jersey

Re: Emancipation of 20 yr old son

Every dog has his day. If your child has finished or left school and is employed full time you can terminate any support order by filing a motion with the court. If there is no order

that is the end without anything being done by you. You must remember that a judgment of divorce is also an order.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Emancipation of 20 yr old son

First, a child is never automatically emancipated, you must go to court. Second, the age of 18 is important, but it alone does not emancipate the child. I suggest you get an attorney to handle this for you the right way as you never know what issues can come up.

I just won a case yesterday like this where the other side brought up some interesting issues which may have caused me to lose the case if I was in front of the wrong judge. Luckily, the person hearing the case understood that law and was not swayed by such garbage. It also helped that I knew the law even if I didn't know the issue was going to be brought up.

I'm sure not what attorneys you are talking about, but I can tell you that I read all of the attorneys that post on this board and we are usually always in agreement so I doubt you would have had several attorneys on this board saying different things.

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

Re: Emancipation of 20 yr old son

Gary and Jef are right on, as usual. You need to file the motion, and persuade the judge that the young man is emancipated, which generally means he is self supporting. You seem to indicate that your son is working and earning enough to live on. He does not get to live with Mom and have her collect a check from you until he collects a check from Social Security.

However, you still have to show that he is independent. He (more likely she) may fight you. Maybe not. Some of mine do, some just want the arrears and dont fight the motion to emancipate.

Find an experienced divorce lawyer who handles the county where you were divorced.

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.

Gary and I are in Bergen County, Jef is further south.

Re: Emancipation of 20 yr old son

Now you have 4 lawyers who are pretty much in agreement. If indeed you can establish that your son is employed and about to be 21, in my opinion, you will now have your first Court win. A Motion should be filed and these facts presented to the Court. Then, the Judge will make a decision based on all of the facts presented.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. If you have not

already done so, you should immediately meet with an attorney for a full consultation before you

take any further steps. You may feel free to call me to discuss this matter in more detail. If you

do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner