Legal Question in Family Law in New Jersey
So my husbands mother receives child support for him. He's in his 20's . She lives in NJ and he is a full time college student . Is it legal for her to be collecting this child support ?
2 Answers from Attorneys
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Child support continues until there is a Court Order which discontinues the child support requirement. And since marriage is one of the reasons for discontinuation of child support (that is, a reason for emancipation), it appears that child support should be discontinued. However, if your husband's father never made a motion to the Court requesting discontinuation of the support obligation, it would continue. It seems to me that your husband should tell his father that he is now married and that under the laws of the State of NJ, he should be free of the child support obligation due to the fact that his son (your husband) should be declared as emancipated. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner