Legal Question in Family Law in New Jersey
Termination of Obligation
My wife's divorce papers state that the husband's termination of obligation ''shall terminate when the child is emancipated, which shall be defined and deemed to occur at the earliest happening of the following events;
(a) Reaching the age of 18 years or if the child attends college...'' The child is still in high school but turns 18 this month. The father is terminating support because she is 18. Is he correct in doing so or should the clause be taken in its totality and the support should continue through her college years.
Thank you,
Paul
3 Answers from Attorneys
Re: Termination of Obligation
First, regardless of what the PSA says, you cannot stop paying child support until a court says you can't. Thus, he still has to pay. Court generally do not emancipate a child who is still in highschool. It sounds like the PSA is not worded correctly and I imagine a court would think the same.
Even if child support is terminated, he may still have to pay child support. I would get an attorney to handle this for you as it may require some creative motions to get around a poorly worded PSA.
Feel free to call me at 732/247/3340. My initial consultations are always free.
Re: Termination of Obligation
The other attorney is right, you are NOT automatically going to lose child support. You need to have an attorney look at this for you. If Jef is closer, go see him. If I am close enough, come see me!
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Termination of Obligation
The father has an obligation that includes four years of college.
Call me if you like.
Gary Moore, Esquuire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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