Tag Archive for: emancipation

Divorced Parents: Are You Required To Pay Your Child’s Grad School Tuition?

do divorced parents need to pay grad school tuition? There has been a lot of buzz about the changes to the child support statute in New Jersey set to take effect in February of 2017. Under the new legislation, there should be no financial support required by a non-custodial parent after a child turns 23 years old. Will there be exceptions to this rule when it comes to parental contributions to graduate school tuition? According to a recent child support ruling in Ocean County, the answer may be yes. Read more

When Does Child Support End in New Jersey?

new child support lawPaying child support for your older teen or college-age child, and wonder when your obligation will end? Find out what New Jersey’s new child support age cutoff law, taking effect in February 2017, could mean for you. Read more

Does Addiction Mean You Can Cut Off Child Support?

addicted teen young adult child supportAre divorced parents required to pay child support or addiction rehab costs when an adult child is an addict? Read more

Courts Explore Emancipation Factors In Child Support Cases

older kids and divorceCourts in New Jersey are frequently asked to modify, recalculate and terminate child support obligations for various reasons. In cases of emancipation of a child, the courts have routinely found that retroactive modification of child support is permitted, and may sometimes result in a credit or refund to the parent paying the support. In one recent case ruling, the Appellate Division discussed some of the factors that a court must consider in determining whether a child is emancipated. Read more

NJ Senate Passes Bill to End Child Support Payments at Age 19: How Will This Change Your Order?

child support age cut offWe have been tracking the progress through the New Jersey legislature of Senate bill 1046, which, if passed into law, would cause a major change in termination procedures for New Jersey child support payments. This bill would result in child support payments ending automatically if or when a child marries, dies, enters military service, or reaches the age of 19, unless the child is currently in an out-of-home placement through DCP&P, or unless a court order specifies another date.  On July 23, 2015, the Senate passed this bill by a vote of 31-2. The measure now moves to the Assembly.

While we must caution parents that S-1046 is not yet the law, we also wish to help our clients with current or anticipated child support orders understand exactly how the bill would change the current law, and what it might mean for their own situations. Some of the questions we have heard include the following: Read more

Questions Arise: What is Constructive Abandonment in the Rachel Canning Case

iStock_000016363488SmallDevelopments in the Rachel Canning case continue to have New Jersey parents, and indeed, parents throughout the entire country, scratching their heads in bewilderment. The court has ordered both parties to provide trial briefs discussing “constructive emancipation” and “constructive abandonment.”

What do these terms mean? As we recently discussed, New Jersey courts haven’t generally used the term “constructive emancipation,” but courts in some other states, including New York, have. Looking at interpretations in those states, we can at least understand how Rachel Canning’s case hinges on whether or not she is emancipated (whether constructively or otherwise). Read more

Is There a Cutoff Age For New Jersey Child Support?

Maria and John divorced when their daughter was three years old. John has kept up with his monthly child support payments for the past 15 years. With his daughter turning 18 in a few months and heading off to college in the fall, John knows that he will contribute to his daughter’s college tuition and room and board costs. But what about those monthly child support checks he’s been sending Maria? Do they automatically stop once his daughter is considered an adult in the eyes of the law? Read more