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Emancipation is the age at which a child is considered an adult and no longer needs financial support or parents' support in making decisions for their best interest. As such, once a child is declared emancipated as a minor, a parent no longer has a child support obligation for that child and also cannot legally make decisions for that child. In New Jersey, the presumptive age (not a set age) of emancipation, also known as the age of majority, is 18. But this presumption can be challenged, and often a child will not be emancipated at 18 or even upon graduation from High school.
At the NJ family law firm of Helmer, Conley & Kasselman, P.A., our family attorneys can assist you in determining whether or not your child should be emancipated. Each case is decided on its own merits. Therefore, it is essential to consult with an experienced NJ family lawyer. To prove that a child is emancipated, the moving party must present an excellent case to the judge to explain why emancipation must be granted.
To emancipate a child, one of the parents must ask the court to end or change the support order, or both parents can agree and sign a request to cease any child support. The emancipation of a child does not excuse the payment of arrears that have accumulated.
A parent has a legal obligation to pay for child support until he or she is emancipated. The family courts routinely continue child support until the child completes college or other types of secondary education. Therefore, it is not unusual for a parent to support a child through their early 20s as they attend some secondary education.
The termination of child support by law can / usually occurs upon the following:
The emancipation of a child is reached when the fundamental dependant relationship between the parent and the child is concluded, both financially and in the need of the parent's support in making decisions. Every case is always fact-sensitive, and the essential inquiry is whether the child has moved beyond the sphere of influence and responsibility of his or her parents. Moreover, the child must obtain an independent status of his or her own.
If your child is at least 18 and has finished High School, then the parent paying the child support can file an application (called a motion) to have the child declared emancipated. The current law on child support sets the end date of support at 19 years old unless the party receiving support filed a motion to keep child support for reasons such as the child has not completed High School yet, the child is in some form of secondary education like college or technical school, or the child has some form of physical or mental disability.
Yes, if the child is attending secondary education (including college, trade schools, etc.). The support obligation will most likely continue in some form and amount based on many factors, including whether attendance is full-time, how many months of the year the program lasts, if the child is living on or off campus, etc.
Yes, if a child under 18 years old moved out of the family home and is living on their own or with another and supporting themselves, they can be considered an emancipated minor, and an application can be made to declare them emancipated.
At the NJ family law firm of Helmer, Conley & Kasselman, P.A., our attorneys can assist you in determining whether or not your child should be emancipated. We can also help determine your remaining child support obligation if you have one child who is emancipated but another who remains unemancipated. Since child support is based on a complex calculation based on many situations, it is important to seek the assistance of an attorney to see if your child support should be recalculated or discontinued based on the emancipation of a child. We, at Helmer, Conley & Kasselman, P.A., can help.
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