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ArticlesIt's Graduation Time - How Does That Affect Child Support?
If you are divorced and have children, you are most likely receiving or paying child support. It is a common misconception that child support automatically ends when a child reaches eighteen years old. However, as far as child support is concerned, there is no fixed age of emancipation. Your child’s emancipation will depend upon the unique facts and circumstances of your individual case. As we move into graduation season, you may wonder whether the time has come for your own child’s emancipation. First Things First – What Does Your Agreement say? A good first step is to review your divorce judgment or settlement agreement as many parents agree to the terms of a child’s emancipation at the time of divorce. Even if you and your former spouse have not reached an agreement, New Jersey case law provides parents with some guidance about how courts typically handle the issue of emancipation. Courts Do Provide Some Guidance… New Jersey courts generally emancipate a child if he or she has moved beyond the “sphere of influence” and responsibility of his or her parents. The analysis often focuses, in part, upon the child’s educational status, maturity level and physical or mental health. Courts routinely focus on important milestones in a child’s life when making this determination. For instance, a child’s marriage or enlistment in the armed forces will often result in his or her emancipation. On the other hand, a court may not emancipate an eighteen-year-old child attending high school because the child still depends on his or her parents. Case law has shown that even a high school senior with a part-time job has not “obtained an independent status on his or her own” as he or she still attends school on a full-time basis and relies on his or her parents for food and shelter. Most emancipation questions first arise when a child graduates from high school. New Jersey courts have ruled that parents must continue to support a child enrolled in a full-time undergraduate program or trade school because the child is not self-sufficient and remains dependent upon his or her parents for support. This obligation continues whether the child is living at home or on campus. These circumstances may call for a reduction in support. Like many rules, there are exceptions, particularly if the child is attending school on a part-time basis and is working full-time. In those cases, the New Jersey courts may emancipate the child if he or she earns enough money to support him or herself. The court’s decision may depend on a host of considerations including the child and parents’ respective financial circumstances. Often times, a child may take a “year-off” before enrolling in college or take a “break” from his or her college studies after several semesters. The court may evaluate the length of and reason for the hiatus before either emancipating the child or reversing his or her emancipation status, if already emancipated. Parents are often confronted with the issue of their children not having a job upon graduation from college or trade school. As a general rule, the court will emancipate the child regardless of whether he or she continues to reside with his or her parents or relies on them for financial support after graduation. In certain circumstances, a court may also require parents to continue to support a child enrolled in graduate school. New Jersey courts are sympathetic to unemancipated children suffering from physical or mental conditions or disabilities, such as severe depression. Under these circumstances, parents are obligated to support a child who cannot care for him or herself if the disability or condition arose prior to emancipation. This responsibility may be indefinite depending on the family and child’s circumstances. One notable exception to the general rule is that a child struggling with a substance abuse problem may not be entitled to ongoing support from his or her parents. Any continuing obligation will require a highly fact-sensitive analysis by the court. Next Steps – How Can I Emancipate My Child? Some important steps must be taken prior to terminating support for a child. A parent’s child support obligation continues until a court legally emancipates the child. Arrears will likely accrue if child support stops without the court’s authorization. This is especially important if the obligation is payable through the Probation Division. Another consideration is that child support may be reduced upon the emancipation of a child if you and your former spouse have other children. Occasionally parents agree about when to emancipate a child and submit a written agreement, signed by both parents, to the appropriate court, which pronounces a child emancipated and ends or modifies any corresponding child support obligation. More frequently, however, parents are unable to agree to an emancipation date. In those cases, the parent who is paying child support is responsible for filing a court application to terminate or modify child support due to emancipation. The other parent must file a response to the court demonstrating the continuing need for financial support for the child. The court will evaluate the distinct facts of each case in determining whether to emancipate a child. If you are involved in a dispute with your former spouse about whether child support should continue, it may help to consult with an experienced attorney specializing in family law to assist you. Reprinting permission: Town Topics, Princeton, N.J. For more information on this article contact gconlee@riker.com |
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