Legal Question in Family Law in New York

Child Emancipation State of filing

My daughter will become 21 in a few months and I am about to file a motion to emancipate her. Some background: The original divorce was decreed in New York, however since than myself and my ex-wife, who remarried, moved to New Jersey - at different times and different addresses. Since than a child support order was entered in the New Jersey family court and executed through payroll deduction at my place of employment. Recently, within last year, I have moved back to New York, even though I am continually employed in New Jersey. My question is this: In what state should I file the emancipation motion?

a. The state of original divorce and child support order or

b. The state of child�s current residence and latest child support order and enforcement?

Thank you very much,

BC.


Asked on 10/06/04, 9:31 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Child Emancipation State of filing

Because the support order is in New Jersey and the child lives in New Jersey that is te place to file your application to the court to terminate your child support obligation. I assume that your

child has completed her college education; is not now in college or choose not to go to college.

You could call me about whether you have sufficient grounds to terminate the child support

obligation based on your child being emancipated.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 10/06/04, 10:16 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Emancipation State of filing

You DO NOT need to file for your child's "emancipation," because at 21 years old, your "child" will be emancipated by operation of law, in all US States.

But, you should file for a Termination and Vacatur of Child Support, due your "Child's Majority," in the State of the Original Divorce and Child Support Order, if the Support does not automatically stop. The "original" State should then correspond with the State enforcing and collecting the Child Support, with Notice of Child Support Termination and Vacatur.

You may also need to file a certified copy of the Termination Vacatur Order with the State Child Support Collection Agency and your employer.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/06/04, 10:21 am


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