Legal Question in Family Law in New Jersey

My son,19 yrs, who is dyslexic, attended his first semester in community college, fall of 2008. He did poorly that semester but wanted to continue.He enrolled a second semester and failed miserably. He then enrolled for the next fall hoping a summer off might help him. He decided to withdraw before attending, as he felt he might fail again. The father had been presented with enrollment verifications every semester. He was also notified 3 weeks after my son quit college that he was not going back. I agreed that child support should stop for my son. i received a letter from his lawyer stating because my son (with learning disabilities) had done poorly in school, a retroactive emancipation, from Jan 2009, was being threatened. Is it common that this type of request is granted in court? especially that my son is learning disabled, but wanted to try college? He is also still under my roof, working part time, as he can find no other work. I also wondered how emancipating him would affect my claiming him as dependent on taxes and the like .

Asked on 1/31/10, 4:22 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

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You really need to meet with a divorce attorney. This is an important issue. You may be giving up much too easily on this, and it may hurt your son.

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Answered on 2/05/10, 5:11 pm

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