Does A Child's Brief Hiatus From Attending College Support A Finding of Emancipation In New Jersey?

In New Jersey, a child is not automatically emancipated from his or her parents at age eighteen. This means that child support obligations can continue into adulthood if the court deems it necessary.

One common circumstance for continued child support is when a young man or woman enrolls in college and remains financially dependent on their parents.

New Jersey emancipates young adults when they become financially independent. This usually occurs when they finish their post-secondary education and can work to support themselves.

The New Jersey legal system recognizes the difficulty of making ends meet while pursuing higher education. Courts will almost always err on the side of continuing child support for a student pursuing a degree, even if that student is employed while enrolled.

When a college student stops attending school without graduating, the question of emancipation is often raised. Parents may wonder whether they are required to continue supporting a grown child who is capable of finding full-time work and supporting themselves.

Each Student's Circumstances are Unique

Every family's situation is unique and will be treated as such by the court. The court may emancipate a young adult who is on a hiatus from college, particularly if there is no physical or mental disability preventing them from finding work.

However, the court recognizes that a break from college can have many different causes and outcomes. Each case is evaluated individually. Key factors the court may consider include the length of the break and the reason given for it.

If the court emancipates a young adult and he or she later returns to college, the court is not required to revert them to unemancipated status. That said, it has happened in New Jersey before. If a child can prove the break is temporary and that they will not be able to financially support themselves once studies resume, the court may require child support to continue.

Reasons a Young Adult May Be Emancipated in New Jersey

The following circumstances may qualify a young adult for emancipation:

• He or she enters the military

• He or she gets married

• He or she maintains a residence separate from both parents (this does not include temporary housing such as boarding school, summer camp, or a college dormitory)

• He or she becomes employed full-time

• The young adult passes away

• The grown child completes his or her post-secondary education

These terms are discussed and agreed upon during child support hearings. Individual families may clearly state when they want child support to end and, if agreed upon, write it into the terms of their divorce settlement. If this is not clarified, the above reasons dictate when child support obligations cease.

In most cases, parents must petition the court for their grown child to be emancipated. One parent may write to the court requesting emancipation, or both parents can sign an agreement that their adult child no longer needs financial support.

Emancipation is a complex topic with many potential circumstances. It requires judges and families to examine the line between childhood and adulthood, a line that can be blurred by personal decisions and society's evolving expectations.

Villani & DeLuca, P.C.

The family law attorneys at Villani & DeLuca, P.C. are well familiar with these types of issues and have litigated them many times.

If you have questions about whether your child should be deemed emancipated, contact Villani & DeLuca, P.C. to arrange a free consultation with family law partner Vincent C. DeLuca, Esquire. Mr. DeLuca has successfully argued emancipation applications throughout the family courts of New Jersey.

Call (732) 709-7757 to schedule a free initial consultation at the law offices of Villani & DeLuca, P.C.