Legal Question in Family Law in New Jersey

In NJ, the age of the child is not usually mentioned in the Property Settlement Agreement because that is not necessarily relevant to the time of emancipation of the child. Emancipation is triggered by the status of the child and the time at which he/she can be deemed to be supporting him or herself. For instance, if the child married or went into the military service, they would be deemed emancipated. On the other hand, if attending college, assuming the child is maintaining decent grades and progressing toward a degree, the child would remain unemancipated. To answer your direct question, if both you and your wife agree that high school graduation is the date of emancipation, that probably would be okay, although there is a line of cases where the child has sued the parents for support during college years. Admittedly, these are unusual circumstances, but the cases are out there. In any case, you should seek the advice of an attorney before you sign anything changing your divorce settlement.

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. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner

You cannot bargain away the child's right to support. Sounds like you are handling this without a lawyer. Not a good idea. Call me at 1-855-9-JEFLAW to discuss.