Law Lessons from VALERIE GENTILE VS. CHARLES GENTILE, App. Div. (A-0492-08T3; Decided June 26, 2009):

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Emancipation of children is governed by case law and often by agreement between the parents. Over time, several markers have been identified as creating a presumption of emancipation. These include reaching the age of eighteen, marriage, and enlisting in the armed forces. See Alford v. Somerset County Welfare Bd., 158 N.J. Super. 302, 310 (App. Div. 1978) (attainment of age eighteen establishes prima facie, but not conclusive proof of emancipation); Leith v. Horgan, 24 N.J. Super. 516, 518 (App. Div.) (marriage of child), rev’d, 13 N.J. 467 (1953); Slep v. Slep, 43 N.J. Super. 538, 543 (Ch. Div. 1957) (enlistment in the armed forces). The age of majority, now eighteen years of age, is hardly a hard and fast indicator of emancipation. Indeed, our Supreme Court and this court have held that reaching the age of eighteen “establishes prima facie, but not conclusive, proof of emancipation.” Newburgh v. Arrigo, 88 N.J. 529, 543 (1982); Dolce v. Dolce, 383 N.J. Super. 11, 17 (App. Div. 2006); Filippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997); Alford, supra, 158 N.J. Super. at 310. Ultimately, each case turns on its facts and “the essential inquiry is whether the child has moved ‘beyond the sphere of influence and responsibility exercised by a parent and obtains an independent status of his of her own’.” Filippone, supra, 301 N.J. Super. at 308 (quoting Bishop v. Bishop, 287 N.J. Super. 593, 598 (Ch. Div. 1995)).

The Child Support Guidelines, Pressler, Current N.J. Court Rules, Appendix IX-A to R. 5:6A, 18 at 2333-34 (2009), are not intended to determine parental contribution to college expenses or the amount of support for a child attending college. However, the guidelines may be used in the discretion of the judge to compute support for a college student who commutes from home. Ibid. Payment of college expenses, however, does not preclude or create a presumption against payment of support to the dependent college student. Bishop, supra, 287 N.J. Super. at 598; Limpert v. Limpert, 119 N.J. Super. 438, 442-43 (App. Div. 1972).

[See related Blog Post, published in the New Jersey Family Law blog.]

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator.