Child Support and Emancipation

New Jersey Divorce Lawyer

In New Jersey, children are not automatically emancipated at the age of 18. There is no longer a presumption of emancipation when the child reaches the age of majority which in New Jersey is eighteen. N.J.S.A. 9:17B-3. In the child support context, emancipation is defined as the time when a child is expected to be self-supporting and the parent is relieved of his or her duty to support the child. The Court established in Newburgh v. Arrigo, 88 N.J. 529, 543 (1982) that there is no fixed time when a child is deemed emancipated. The court must look at all relevant circumstances in the case to determine whether the child is emancipated. The Court found in Bishop v. Bishop, 287 N.J. Super. 593, 598 (Ch. Div. 1995) that a child will be deemed emancipated when a child moves beyond the sphere of influence and responsibility exercised by a parent and obtains an independent status on his or her own.

There are certain circumstances that are almost always found to be emancipation events. If the child gets married, joins the military or attends a military academy, it generally means that the child is emancipated. Reaching the age of 18, without subsequent enrollment in a post-high school full-time educational program, is usually an emancipation event provided there is no disability or extraordinary factual circumstance that precludes full-time employment.

A common issue is dealing with emancipation is when a child is over 18 but attending college. If a child is a full time college student, then the Court will not likely find the child emancipated. The need for an education has traditionally been considered by the courts of New Jersey as a necessity. Emancipation will not occur until full-time education has been completed. Also, a Court will not generally find that a child is emancipated simply because the child lives off-campus. A minor's residence alone does not determine the issue of emancipation.

The issue of emancipation is fact sensitive. If there are facts that are going to lead to emancipation, it is important to contact an attorney in advance to secure the necessary order ceasing any support payments in a timely fashion. Generally, you should contact an attorney approximately 3 months prior to the emancipation to ensure that the support is modified in a timely way.

Divorce Attorney in New Jersey

If you have questions about having your child declared emancipated you should speak to a New Jersey divorce attorney at The Law Office of Steven P. Monaghan. We can explain how to file for your child's emancipation and allow your child support payments to cease.

Contact a New Jersey divorce lawyer to get answers to any questions regarding child support and filing for your child's emancipation.