Question:
My daughter turned 18 yrs of age in January. In March, I (Pro Se) filed a motion to have my daughter declared emancipated and child support discontinued in June when she graduates from high school. The Court denied my motion because: "a child is not automatically deemed emancipated upon reaching the age of majority and graduating from high school. 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". What does that mean? The Court cited cases in it's decision however it also stated: "the Court finds that the parties' daughter is still attending high school and the Court does not declare emancipation for a future date'. In researching on www.divorcenet.com/states/new_jersey/new_jersey_child_support_part_2 under the question of "How can a person emancipate a child and stop paying child support?" the author of the article says "The entire emancipation process takes about 3 to 4 months. Therefore, the emancipation application should be made in advance of the child's graduation from high school or of their 18th birthday.". In my opinion, this is a direct contradiction to the Court's decision! My question is: is the Court saying in denying my motion, that I should re-file a motion to emancipate my child after she graduates? I know the N.J. Courts have been known to consider whether a child attends college in determining if that Child is emancipated or not? What if the child only goes to college on a part-time basis, works full-time or part-time and lives at home with the custodial parent? What if the child drops out of college due to academic incompleteness? Is the child/custodial parent required to provide the Court proof of the child's enrollment in college either on a full or part-time basis when the non-custodial parent files a motion to have her emancipated? I look forward in hearing back from you.
Answer:
First let me say I am not licensed to practice law in New Jersey. Based on the information that you provided concerning the court's ruling , they determined that your petition was not timely. Court's will not make a ruling that will take effect at some future date. The court will only emancipate her after she has turned 18 and you can show that she is self supporting or is capable of doing so. If New Jersey does consider attendance in college, they may not emancipate her if she continues her education. I would refile after her graduation and after you know her future plans. Also contact an attorney in New Jersey to determine if you can be liable for college expenses.