Legal Question in Family Law in New Jersey

Re: Emanicipation/Child Support

A parent (and especially not the non custodial parent) CANNOT unilateraly declare a child emancipated and thereby end their child support obligation.

The Court decides when a "child" is emancipated for purposes of a parent's obligation to support, UPON a Petition or Motion submitted.

Also, please note the following:

A "child" in college is NOT considered emancipated. Nor, is a "child," ( under the controlling state's age of "majority"), who takes a term sabatical from school, considered emanicipated.

So,... if your child is under the age of majority and those are the other facts in this case, you will probably NOT succeed in getting the court to terminate your child support, at this time.

Good luck,

Phroska L. McAlister,ESQ

Re: Emanicipation/Child Support

Emancipation does not mean when a child finishes High School the child is emancipated. Most states do not consider a child emancipated until the child is over twenty-one (21). In this case, the child is not emancipated until 21 unless some other agreement has been made in writing. If you have such an agreement, then perhaps you should look to the courts to reinforce it.

AMW

Re: Emanicipation/Child Support

In order to properly respond to your question, your attorney needs to have an opportunity to review the actual written agreement. Additionally, your attorney might need to review the contents of the court file; correspondence between the parties; and other relevant materials which would cast light upon the understanding between the parties.

However, I infer from your question that the parties had agreed that the child support payments would continue until the child completed the child's college education. I would not consider a one-semester break from college as "completion" of the child's education, or as representing an "emancipation" event.

The parent obligated to make the payments may, or may not, be able to apply to the court for a credit or partial credit for the period the child was on his/her "break", assuming that the child support payments were meant to include reimbursement for the child's college expenses.

If the child support payments are being made pursuant to a court order, then those payments must continue per the order, until the court order is terminated or modified by the court.

If the court order does not contain a specific date or particular event which terminates child support, than you must assume it remains in effect unless and until it is specifically modified, terminated, or otherwise interpreted by the court.

The procedure to change the order; terminate the order; or to obtain the court's interpretation of the order, would involve filing the appropriate motion with the court, which should be done with the assistance of an attorney.

I would be happy to discuss this with you further if you are seeking an attorney to represent you in this matter. Please contact me at: [email protected] or [email protected].