Law Lessons from EIBLING v. EIBLING, Appellate Division, A-5496-05T5, May 31, 2007:
Emancipation turns on whether a child has moved “beyond the sphere of influence and responsibility exercised by a parent and [has] obtain[ed] an independent status of his or her own.” Filippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997). In Newburgh v. Arrigo, the Court observed that emancipation “can occur upon the child’s marriage, induction into military service, by court order based on the child’s best interests, or by attainment of an appropriate age.” 88 N.J. at 543. With regard to the child’s age, the Newburgh Court held that a rebuttable presumption against emancipation arises prior to a child’s attainment of the age of majority, and that attainment of that age “establishes prima facie, but not conclusive, proof of emancipation.” Ibid.
However, the absence of a loving relationship between the child and the paying parent has no bearing on the paying parent’s obligation to pay weekly child support.
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