Legal Question in Family Law in New Jersey
Emancipation-enforcement of Dual Judgment
Granted dual judgment of divorce w/joint custody in 1987. Wife alienated child from me since she was 11. Paid faithfully till 18 as agreed upon. Stopped paying at 18 and then County Probation Dept informs wife ''Oh, new rule, we can make him pay till 23 or end of college''. Ex readily agrees. Now residing in FL & am informed I'm about to lose vehicle registration, drivers license, etc. How do I get court to enforce original order? Her lawyer said I'd not be liable for anything after 18, specifically college as ''my prospects were dim''. Have filed emanicipation motions, pro se, but no judge seems to read them, just sends em back saying, keep paying. Can't learn if my now 21 yr old is in college, where, what grades, married. County Prob. Dept finally admits they are only acting as a collection agency and don't care abt enforcing joint custody etc.
1 Answer from Attorneys
Re: Emancipation-enforcement of Dual Judgment
The law in NJ requires parents to financially support their children until emancipation, which does not automatically occur at age 18. If your child is attending college on a full time basis, you may continue to be required to pay child support. You are entitled to proof of her college attendance and her grades. You would need to file a motion seeking to emancipate her unless they provide proof that she is in college. You can ask for the proof in the same motion. You can also ask for a reduction in child support if she is not emancipated. The fact that you have no relationship with her will not relieve you of your obligation to pay child support, however, it may relieve you of your obligation to contribute to college expenses. You may be entitled to a reduction in child support as well, depending upon the circumstances. THe child support Guidelines do not apply to children 18 and over. Your best bet at this point is to have a full consultation with an attorney. I am willing to do a telephone consultation, however, I require the consult fee to be paid in advance and that you forward to me any and all of the paperwork to review ahead of time. If you would like to schedule a consultation with me, please contact my secretary, Debbie, at 856-795-6700.