Emancipation and Child Support in New Jersey

Child support terminates upon emancipation of the child, however, in New Jersey, for the purpose of child support obligations; children are not automatically emancipated when they turn eighteen. A child becomes emancipated, for child support purposes, when he or she gets married, joins the military, is emancipated by the Court based on his or his best interests, or reaches an appropriate age. Attainment of the age of 18, however, only establishes prima facie proof of emancipation, and whether or not any particular child is emancipated will depend on the facts of that case.

In some cases, a parent may be ordered to pay for a child’s post secondary education or to continue with a regular support obligation beyond the point at which emancipation would otherwise occur. The Court may order either parent to pay all or a portion of post secondary education expenses if it finds it appropriate under the circumstances. In determining whether to enter a post secondary education expense order, the Court considers, among other things, the parties ability to pay, the child’s efforts to pay for their own education, whether the parent, if still living with the child, would have contributed toward the costs of the education, the amount of the expenses, the reasonableness of the expense considering  the kind of school or course of study, the financial resources of both parents, the commitment to and aptitude of the child for the education, and the effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education. Child support obligations may be continued for an adult child if the child has a pre-existing mental illness or emotional disorder that causes him or her to be financially dependent on a parent. In such a case, the support obligation continues until the Court finds that the child no longer suffers from the condition, or is no longer financially depend on a parent. In determining a continued obligation for a disabled adult child, the Court will consider the child’s eligibility for government assistance and public benefits. 

In rare instances, a child may become emancipated before reaching the age of eighteen. Just as in any case of emancipation, the Court will consider the specific circumstances when making a decision concerning emancipation of a child who has not yet reached the age of eighteen. For example, in 1977, the Juvenile and Domestic Relations Court of New Jersey ordered that a seventeen-year-old foster child, who had a child of her own, was an emancipated minor, as it was in her and her child’s best interest to remain with her foster family, rather than be returned to her natural mother. 

No matter how old the child is, New Jersey emancipation and child support law requires a parent to pay child support until the Court orders otherwise. Upon the Court ordering that a child be emancipated, child support terminates. The Court’s decision to emancipate a child is based on the unique circumstances of each particular case. The essential question, according to the New Jersey Courts is whether the child has moved “beyond the sphere of influence and responsibility of his or her parents.”

Sources:

Dolce v. Dolce, 890 A.2d 361, (App.Div. 2006)

Newburgh v. Arrigo, 443 A.2d 1031, (N.J.  1982)

New Jersey Div. of Youth & Family Services v. V., 381 A.2d 1241, (N.J. Super. 1977)

Kruvant v. Kruvant, 241 A.2d 259 (App.Div.1968)

Filipone v. Lee, 304 N.J. Super. 301 (App. Div. 1997)\Bishop v. Bishop, 287 N.J. Super. 593

(Ch. Div. 1995).

LexisNexis: N.J. Stat. § 2A:34-2

 For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Child Support Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601

Telephone: (201) 771-1808