Emancipation

[dawnie2e9]

What is the name of your state (only U.S. law)? NJ
Hello,
I know that Nj has some of the toughest child support laws, but my son is 18, and barely passed high school. He has not shown much interest in attending college. His mother seems to have been trying to force him so that she could continue to recieve support. Our local colleges have started and my son is not enrolled. When I ask him what his intentions are, he clams up because I feel his mother has told him not to answer that question. He has said he may attend the next session or the one after that. My question is... how long does my son have to register? If I file for emancipation now and he goes to school the following session an I still liable for support, or did his schooling have to be continuous?

 

[mistoffolees]

Let's start with what your court orders say about child support. Word for word but without the names.

 

[dawnie2e9]

ok the support is kinda of confusing because the judge lowered my child support at the divorce hearing, but here it is as quoted from my divorce decree
"Section C Child Support
1. Plaintiff shall pay to Defendant the sum of $250.00 per week for child support for the benefit of the two (2) minor children, with said obligation to continue through the payment due on April 18, 2003 at which time Plaintiff's child support obligation shall be reduced to $233.00 per week, effective with the first such reduced payment being due on April 25,2003 and each week thereafter. Said support obligation is based upon $25,000 annual gross imputed income to Defendant and upon $49,500 annual gross income for Plaintiff.
2. Plaintiff's child support obligation shall be payable via wage execution through the Camden County Probation Department. Pliantiff currently has an existing child support account set up with Camden county Probation department. The current wage execution of $250.00 per week shall continue in effect and shall be modified through probation to provide for the reduced wage execution that should go into effect as of the payment due on April 25,2003 as set forth in C1 above.
3. Should Defendant continue to recieve a weekly child support payment in the amount of $250.00 in respect to any weeks from Apri 25,2003 or beyond, Defendant shall immediatly repay Plaintiff any excess payments recieved due to any delay that may occur in the requisite downward adjustmentof the Plaintiff's wage execution.
4. A sole parenting worksheet is attached hereto as "Exhibit A", which Worksheet reflects Plaintiff's Child Support Obligation that shall be effective April 25,2003, in the amount of $233.00 per week."

then the decree goes on to talk about medical insurance, life insurance, and tax dependancy for both children.

FYI: My daughter is 22 and was emancipated as of May 7th 2008 because she quit school. My child support was remodified in that emancipation to $178.00 per week just for my son, but it also does not contain a date of emancipation for him.

 

[LdiJ]

ok the support is kinda of confusing because the judge lowered my child support at the divorce hearing, but here it is as quoted from my divorce decree
"Section C Child Support
1. Plaintiff shall pay to Defendant the sum of $250.00 per week for child support for the benefit of the two (2) minor children, with said obligation to continue through the payment due on April 18, 2003 at which time Plaintiff's child support obligation shall be reduced to $233.00 per week, effective with the first such reduced payment being due on April 25,2003 and each week thereafter. Said support obligation is based upon $25,000 annual gross imputed income to Defendant and upon $49,500 annual gross income for Plaintiff.
2. Plaintiff's child support obligation shall be payable via wage execution through the Camden County Probation Department. Pliantiff currently has an existing child support account set up with Camden county Probation department. The current wage execution of $250.00 per week shall continue in effect and shall be modified through probation to provide for the reduced wage execution that should go into effect as of the payment due on April 25,2003 as set forth in C1 above.
3. Should Defendant continue to recieve a weekly child support payment in the amount of $250.00 in respect to any weeks from Apri 25,2003 or beyond, Defendant shall immediatly repay Plaintiff any excess payments recieved due to any delay that may occur in the requisite downward adjustmentof the Plaintiff's wage execution.
4. A sole parenting worksheet is attached hereto as "Exhibit A", which Worksheet reflects Plaintiff's Child Support Obligation that shall be effective April 25,2003, in the amount of $233.00 per week."

then the decree goes on to talk about medical insurance, life insurance, and tax dependancy for both children.

FYI: My daughter is 22 and was emancipated as of May 7th 2008 because she quit school. My child support was remodified in that emancipation to $178.00 per week just for my son, but it also does not contain a date of emancipation for him.

It sounds like you could legitimately file for emancipation at this point.

 

[mistoffolees]

It sounds like you could legitimately file for emancipation at this point.

He could file for it, but it's not a slam dunk. The court order clearly allowed for support to continue to age 21 without any requirement for being in school.

According to the state guidelines, he could file for emancipation, but it is possible that the wording of the order might preclude that. It's going to come down to local practice.
New Jersey Child Support, Part 2 | divorcenet.com

 

[Ohiogal]

ok the support is kinda of confusing because the judge lowered my child support at the divorce hearing, but here it is as quoted from my divorce decree
"Section C Child Support
1. Plaintiff shall pay to Defendant the sum of $250.00 per week for child support for the benefit of the two (2) minor children, with said obligation to continue through the payment due on April 18, 2003 at which time Plaintiff's child support obligation shall be reduced to $233.00 per week, effective with the first such reduced payment being due on April 25,2003 and each week thereafter. Said support obligation is based upon $25,000 annual gross imputed income to Defendant and upon $49,500 annual gross income for Plaintiff.
2. Plaintiff's child support obligation shall be payable via wage execution through the Camden County Probation Department. Pliantiff currently has an existing child support account set up with Camden county Probation department. The current wage execution of $250.00 per week shall continue in effect and shall be modified through probation to provide for the reduced wage execution that should go into effect as of the payment due on April 25,2003 as set forth in C1 above.
3. Should Defendant continue to recieve a weekly child support payment in the amount of $250.00 in respect to any weeks from Apri 25,2003 or beyond, Defendant shall immediatly repay Plaintiff any excess payments recieved due to any delay that may occur in the requisite downward adjustmentof the Plaintiff's wage execution.
4. A sole parenting worksheet is attached hereto as "Exhibit A", which Worksheet reflects Plaintiff's Child Support Obligation that shall be effective April 25,2003, in the amount of $233.00 per week."

then the decree goes on to talk about medical insurance, life insurance, and tax dependancy for both children.

FYI: My daughter is 22 and was emancipated as of May 7th 2008 because she quit school. My child support was remodified in that emancipation to $178.00 per week just for my son, but it also does not contain a date of emancipation for him.

Can you highlight Misto where it says above that it continues until 21? I am confused.

 

[stealth2]

Can you highlight Misto where it says above that it continues until 21? I am confused.

Thank you! 'Cause I'm not seeing it, either! And I'm in NJ.

 

[mistoffolees]

Can you highlight Misto where it says above that it continues until 21? I am confused.

Thank you! 'Cause I'm not seeing it, either! And I'm in NJ.

My mistake - I read that it continued to 2013, not 2003. Since the child is 18 now, if it had said 2013, that would be past the 18th birthday.

Given that, I agree with Ld. It should be possible to get the child emancipated. OP needs to see the link I gave for instructions - although it takes 3-4 months, so they're still going to be paying for a while.

 

[stealth2]

Whew! Thanks, misto. NJ DOES allow for CS to extend past 18, but it does usually depend on furthering education. OP should file to have CS ended in his situation. If the kids decides to go to school in 6 mos, a year, whatever, then OP can consider how/if he wants to help.

 

[bears088]

recently went through same thing. my daughter failed twice. so graduation was to happen when she was 20 years old. blah blah blah...in a nutshell, i went to court and asked for child support to be terminated, they came back with "child must maintain passing grades" well when her report card came out she failed a class and the rest of her grades were d's. took this info to court and my case was dismissed.