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Question:

I have a twenty year old daughter who is supposed to have been attending college full time. I just found out through her transcript that she has been withdrawing from one class each of the last 3 semesters. Now she took the spring 2009 semester off. Further, she wants to take a cosmetology course while she is working full time.  I have been informed by the director of the course that it is an adult night class and considered to be part time school.

My question is:  Am I still liable to provide full child support? She lives at home with her mother, and her mother is claiming she should not be emancipated because she pays for her car insurance.

Answer:

Emancipation is state specific, so check with a New Jersey licensed attorney.  Generally, the question of emancipation centers on whether the child is in fact supporting herself or capable of supporting herself without assistance from the parents (so that any assistance is just bogus, in the attempt to keep getting child support). The car insurance argument is just stupid. Support means the necessities of life (food, clothing, shelter).  If your daughter has a car, she should have a job that provides enough income to pay for the insurance.

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.