Question 1

What Does Emancipation Mean in New Jersey?

Accepted Answer

Simply put, emancipation means that a child is no longer considered dependent on his or her parents for financial support, guidance, or control. Once a child is legally emancipated, a parent's obligation to pay ongoing child support may end, although a formal court order may still be required before payments can lawfully stop. Emancipation does not necessarily mean that the parent and child no longer have a relationship. Instead, it is a legal determination that the child has become self-sufficient and has moved beyond what New Jersey courts often refer to as the "sphere of influence" of his or her parents. An emancipation determination can affect several important family law issues, including ongoing child support payments, contribution toward college or vocational expenses, health insurance obligations, certain provisions contained in a divorce settlement agreement, and responsibility for other child-related expenses. That being said, emancipation is not treated as an automatic event in every case, and New Jersey courts will examine the child's actual circumstances, including whether the child continues to rely on the parents financially, whether the child is pursuing an education, and whether he or she has truly established an independent adult life.

Question 2

At What Age Is a Child Emancipated in New Jersey?

Accepted Answer

One of the most common questions parents have is whether a child is automatically emancipated at 18. The answer is no. Although a child generally becomes a legal adult at age 18, New Jersey does not automatically treat every 18-year-old as emancipated for child support purposes. In fact, child support is generally scheduled to terminate when a child reaches 19, unless the court receives a request to continue it or another recognized exception applies. Some of the most important age-related rules include the following: turning 18 does not automatically result in emancipation; child support will generally terminate at age 19 unless continued under an existing order or upon a proper application; child support will often continue if the child is enrolled full-time in college, vocational school, or another qualifying educational program; support may continue when a child has a serious physical or mental disability that prevents financial independence; and child support generally will not continue beyond age 23, except in limited circumstances.

Question 3

How Does a Child Become Emancipated in New Jersey?

Accepted Answer

Generally speaking, a child becomes emancipated when he or she has become financially independent and no longer relies on parental support in any meaningful way. In making this determination, the court will look at the child's life as a whole. Some circumstances that may indicate emancipation are that the child has obtained stable, full-time employment, the child earns enough money to support him or herself, the child has completed his or her education and entered the workforce, the child has moved into an independent residence, the child has married, the child has joined the military, or the child is no longer receiving regular financial assistance from either parent.

Question 4

When Does a Child Remain Unemancipated?

Accepted Answer

There are several circumstances in which a child may remain unemancipated after turning 18 or 19. Some of those are attending college on a full-time basis, being enrolled in a legitimate vocational or trade program, pursuing graduate education under appropriate circumstances, living at home while continuing an education, being financially dependent on one or both parents, being unable to become self-supporting due to a serious disability, and being temporarily unemployed while continuing to pursue education or training.

Question 5

How Do Courts Decide Whether a Child Is Emancipated?

Accepted Answer

New Jersey courts consider the totality of the circumstances when deciding whether emancipation has occurred. Some of the factors courts commonly consider are the child's age, the child's educational status, whether the child attends school full-time, the child's academic performance and progress, the child's employment history, the amount of money the child earns, the child's ability to pay his or her own expenses, where the child lives, whether the child receives financial assistance from either parent, the child's physical and mental health, the relationship between the child and the parents, and any relevant terms in the parents' divorce agreement or child support order. Essentially, when determining emancipation, the judge will try to determine whether the child has genuinely moved into adulthood or is still dependent on the parents in a meaningful and continuing way.

Question 6

How Do You File for Emancipation in New Jersey?

Accepted Answer

If you believe your child should be emancipated, you will need to file a motion with the New Jersey Superior Court, Family Part. If the other parent is seeking emancipation and you believe support should continue, you will have the opportunity to oppose the application and submit evidence of your own. The process generally includes reviewing the existing child support order or divorce agreement, filing a motion requesting emancipation and termination or modification of support, serving the other parent with the required papers, submitting documentation in support of your position, responding to any opposition filed by the other parent, appearing for oral argument or a hearing if required, and receiving an order from the court. Documents that may be useful in an emancipation case include college enrollment records, transcripts and class schedules, employment records, pay stubs, tax returns, bank statements, housing records, proof of health insurance coverage, medical records concerning a disability, and communications regarding the child's education, employment, or living arrangements. It is also worth noting that child support should not simply be stopped because a parent believes emancipation has occurred. Until a court order terminates or modifies the obligation, unpaid support may continue to accumulate, and those arrears can be difficult or impossible to undo. Additionally, filing an emancipation motion without enough evidence can delay the process and result in the denial of the application, and as such, a parent seeking emancipation should be prepared to demonstrate that the child is genuinely independent, while a parent opposing emancipation should be ready to show that continued support remains necessary and legally appropriate.

Atlantic County Emancipation Lawyer