Child support may end upon a child’s death, marriage, or enlistment in the armed services, but whether a child is emancipated is a fact sensitive question, necessitating review of the unique circumstances existing when the request is made. See Filippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997).

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Child support may end upon a child’s death, marriage, or enlistment in the armed services, but whether a child is emancipated is a fact sensitive question, necessitating review of the unique circumstances existing when the request is made originally appeared on NJ Family Issues on February 7, 2012.

A law guardian acts as an independent legal advocate for the child and takes an active part in the court proceedings. In re M.R., 135 N.J. 155, 173-75 (1994). A law guardian has a duty to “zealously advocate” the child’s cause, while protecting the child’s interests. In re Adoption of a Child by E.T., 302 N.J. Super. 533, 539 (App. Div.), certif. denied, 152 N.J. 12 (1997). Thus, “[l]aw guardians are obliged to make the wishes of their clients known, to make recommendations as to how a child client’s desires may best be accomplished, to express any concerns regarding the child’s safety or well-being and in a proper case to suggest the appointment of a guardian ad litem.” Div. of Youth & Family Servs. v. Robert M., 347 N.J. Super. 44, 70 (App. Div.), certif. denied, 174 N.J. 39 (2002).

The decision whether to appoint a law guardian is left to the discretion of the trial judge. See R. 5:8A. However, Rule 5:8A does not establish when the responsibility of a court-appointed law guardian terminates.

The age of majority in New Jersey is eighteen. N.J.S.A. 9:17B-1 to -3. See Green v. Auerbach Chevrolet Corp., 127 N.J. 591, 594-95 (1992). However, issues regarding support, custody, and visitation of children who are older than eighteen are often resolved by post-judgment motion in the family courts. That is so because emancipation, or the “conclusion of the fundamental dependent relationship between parent and child–is not a self-executing principle.” Dolce v. Dolce, 383 N.J. Super. 11, 17 (App. Div. 2006). Attainment of the age of majority – eighteen – establishes prima facie, but not conclusive, proof of emancipation. Gac v. Gac, 186 N.J. 535, 542 (2006). Emancipation is reached “when the fundamental dependent relationship between parent and child is concluded, the parent relinquishes the right to custody and is relieved of the burden of support, and the child is no longer entitled to support.” Filippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997).

Rule 5:8A provides for the appointment of a law guardian in “all cases where custody or parenting time/visitation is an issue[.]” Family Part courts can continue to order custodial or visitation arrangements for children over the age of eighteen of divorced or divorcing parents. Quinn, supra, 247 N.J. Super. at 579.

NOTE: My legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, PSA, property settlement agreement, premarital and prenuptial agreements, midmarriage and marital agreements.

A law guardian acts as an independent legal advocate for the child and takes an active part in the court proceedings originally appeared on NJ Family Issues on January 8, 2012.

A child’s emancipation is “the conclusion of the fundamental dependent relationship between parent and child,” Dolce v. Dolce, 383 N.J. Super. 11, 17 (App. Div. 2006), “by which a parent relinquishes the right to custody and is relieved of the duty to support a child.” Newburgh v. Arrigo, 88 N.J. 529, 543 (1982). The determination of whether a child is emancipated is fact sensitive. Ibid. Generally, the question of emancipation hinges upon whether the children have moved “beyond the sphere of influence” of their parents and have the ability and responsibility to support themselves as adults. Filippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997) (quoting Bishop v. Bishop, 287 N.J. Super. 593, 598 (Ch. Div. 1995)).

A child’s “[a]ttainment of age [eighteen] establishes prima facie, but not conclusive, proof of emancipation.” Newburgh, supra, 88 N.J. at 543. Parents are not ordinarily obligated to support their children after they have reached the age of majority. Weitzman v. Weitzman, 228 N.J. Super. 346, 356 (App. Div. 1988), certif. denied, 114 N.J. 505 (1989). A parent may, however, be required to continue to support a child over age eighteen enrolled in a full-time educational program. See Newburgh, supra, 88 N.J. at 543 (requiring the continuation of support because the “privilege of parenthood carries with it the duty to assure a necessary education for children”); Limpert v. Limpert, 119 N.J. Super. 438, 442-43 (App. Div. 1972) (holding that the father had an obligation to support his son while he was a full-time college student).

The trial court’s ruling that a child is emancipated simply by virtue of her graduation from college is contrary to the Supreme Court’s view as expressed in Newburgh, supra, 88 N.J. at 544, that “[i]n appropriate circumstances, parental responsibility includes the duty to assure children of a college and even a postgraduate education . . . .” See also Ross v. Ross, 167 N.J. Super. 441, 446-47 (Ch. Div. 1979) (finding that the father was obligated to pay child support through his twenty-three year old daughter’s completion of law school).

In making the determination as to whether child support is required, the court should consider the following factors:

(1) whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education; (2) the effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education; (3) the amount of the contribution sought by the child for the cost of higher education; (4) the ability of the parent to pay that cost; (5) the relationship of the requested contribution to the kind of school or course of study sought by the child; the financial resources of both parents; (7) the commitment to and aptitude of the child for the requested education; (8) the financial resources of the child, including assets owned individually or held in custodianship or trust; (9) the ability of the child to earn income during the school year or on vacation; (10) the availability of financial aid in the form of college grants and loans; (11) the child’s relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; and (12) the relationship of the education requested to any prior training and to the overall long-range goals of the child.

[Newburgh, supra, 88 N.J. at 545.]

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A child is not emancipated simply by virtue of his or her graduation from college originally appeared on NJ Family Issues on November 15, 2011.

Child support may be terminated retroactive to the date of emancipation. Mahoney v. Pennell, 285 N.J. Super. 638 (App. Div. 1995). In Mahoney, the court held that the anti-retroactive child support modification statute, N.J.S.A. 2A:17-56.23a, does not bar the elimination of arrearages based on emancipation. Mahoney v. Pennell, supra, 285 N.J. Super. at 643; see also Bowens v. Bowens, 286 N.J. Super. 70, 71 (App. Div. 1995).

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ.

Child support may be terminated retroactive to the date of emancipation originally appeared on NJ Family Issues on November 14, 2011.

A child’s emancipation is “the conclusion of the fundamental dependent relationship between parent and child . . . [,]” Dolce v. Dolce, 383 N.J. Super. 11, 17 (App. Div. 2006), and is “the act by which a parent relinquishes the right to custody and is relieved of the duty to support a child.” Newburgh v. Arrigo, 88 N.J. 529, 543 (1982). The determination of whether a child is emancipated is fact sensitive. Ibid. Generally, the question of emancipation hinges upon whether the children, have moved “beyond the sphere of influence” of their parents and have the ability and responsibility to support themselves as adults. Filippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997) (quoting Bishop v. Bishop, 287 N.J. Super. 593, 598 (Ch. Div. 1995)).

A child’s “[a]ttainment of age [eighteen] establishes prima facie, but not conclusive, proof of emancipation.” Newburgh, supra, 88 N.J. at 543. The parents are not ordinarily obligated to support their children after they have reached the age of majority. Weitzman v. Weitzman, 228 N.J. Super. 346, 356 (App. Div. 1998), certif. denied, 114 N.J. 505 (1989). A parent may, however, be required to continue to support a child over age eighteen enrolled in a full-time educational program. See Newburgh, supra, 88 N.J. at 543 (stating “the privilege of parenthood carries with it the duty to assure a necessary education for children[,]” requiring the continuation of support); see also Limpert v. Limpert, 119 N.J. Super. 438, 442 (App. Div. 1972) (holding that the father had an obligation to support his son while he was a full-time college student).

A child’s emancipation terminates a parent’s child support obligation. See Colca v. Anson, 413 N.J. Super. 405, 415 (App. Div. 2010). Once a child has been emancipated, a perent is no longer obligated to pay child support, including insurance coverage.

NOTE: My legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, PSA, property settlement agreement, premarital and prenuptial agreements, midmarriage and marital agreements.

Once a child has been emancipated, a perent is no longer obligated to pay child support, including insurance coverage originally appeared on NJ Family Issues on June 28, 2011.

A parent is under no duty to contribute to the support of an emancipated child. Gac v. Gac, 186 N.J. 535, 542 (2006). Emancipation can occur upon the child’s marriage, induction into the military, by court order based on the child’s best interests or by attainment of an appropriate age. Ibid.; Newburgh v. Arrigo, 88 N.J. 529, 543 (1982). Attainment of the age of majority, eighteen, establishes prima facie, but not conclusive, proof of emancipation. Whether a child is actually emancipated at age eighteen depends upon the facts of each case. Dolce v. Dolce, 383 N.J. Super. 11, 17 (App. Div. 2006); Patetta v. Patetta, 358 N.J. Super. 90, 93 (App. Div. 2003).

The needs of the child “are determinative of the duty of support.” Id. at 94. The essential inquiry is whether the child moved beyond a parents’ sphere of influence and responsibility and obtained independence status. Dolce, supra, 383 N.J. Super. at 17-18. Relevant circumstances to evaluate include the needs, interests, and independent resources of the child, the family’s expectations and the parties’ financial ability. Newburgh, supra, 88 N.J. at 545; Dolce, supra, 383 N.J. Super. at 18.

A child is not emancipated even if the child takes a relatively brief hiatus from college, during which the child worked full-time, because the child had not yet moved beyond his or her parents’ sphere of influence. Keegan v. Keegan, 326 N.J. Super. 289, 294-95 (App. Div. 1999). Moreover, residence by a minor separate from his parents, without more, does not necessarily result in emancipation. Filipone v. Lee, 304 N.J. Super. 301, 311 (App. Div. 1997).

NOTE: My Law Office is located at 726 West Saint Georges [W. St. Georges] Avenue (Route 27), Linden, Union County, NJ. Telephone: 908-486-2200; EM@IL

Residence by a minor separate from his parents, without more, does not necessarily result in emancipation originally appeared on NJ Family Issues on June 14, 2011.

Once a court correctly determines that a child is not emancipated, it is not appropriate for that court to provide an advisory opinion as to when that child will become emancipated. See, e.g., Boardman v. Boardman, 314 N.J. Super. 340, 345-47 (App. Div. 1998). It is for the obligor to seek relief once the circumstances supporting emancipation have occurred.

NOTE: My Law Office is located at 726 West Saint Georges [W. St. Georges] Avenue (Route 27), Linden, Union County, NJ. Telephone: 908-486-2200; EM@IL

Once a court correctly determines that a child is not emancipated, it is not appropriate for that court to provide an advisory opinion as to when that child will become emancipated originally appeared on NJ Family Issues on June 1, 2011.

Although the right to child support belongs to the child and may not be waived by a custodial parent, Martinetti v. Hickman, 261 N.J. Super. 508, 512 (App. Div. 1993) (holding that the parents’ agreement in a consent order that support would end when their daughter turned eighteen did not waive the daughter’s right to support beyond her eighteenth birthday), ther is no principle of law precluding parents and their child over the age of majority from consensually agreeing to the latter’s emancipation.

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

Ther is no principle of law precluding parents and their child over the age of majority from consensually agreeing to the latter’s emancipation originally appeared on NJ Family Issues on May 30, 2011.

Emancipation is “[a] conclusion of the fundamental dependent relationship between parent and child[.]” Dolce v. Dolce, 383 N.J. Super. 11, 17 (App. Div. 2006). The examination of whether a child is emancipated is fact sensitive. Filippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997). “[T]he 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 or her own.’” Id. at 308 (quoting Bishop v. Bishop, 287 N.J. Super. 593, 598 (Ch. Div. 1995)).

Emancipation does not occur automatically by reason of the dependent child reaching the age of majority and, in fact, “[may] not occur at any particular age[;]” however, the fact that a child reaches the age of majority establishes “prima facie, but not conclusive, proof of emancipation.” Newburgh, supra, 88 N.J. at 543 (1982). The law provides that the event of emancipation ends a parent’s obligation to provide child support. New Jersey law recognizes specific instances which necessitate a parent’s continuing obligation to provide support for a child past the age of majority. One well-established instance requires continued support in some circumstances for a child over age eighteen enrolled in a full-time educational program. See Gac v. Gac, 186 N.J. 535, 542 (2006); Khalaf v. Khalaf, 58 N.J. 63, 71-72 (1971); Patetta v. Patetta, 358 N.J. Super. 90, 92 (App. Div. 1978).

NOTE: My Law Office is located at 726 West Saint Georges [W. St. Georges] Avenue (Route 27), Linden, Union County, NJ. Telephone: 908-486-2200; EM@IL

The event of emancipation ends a parent’s obligation to provide child support originally appeared on NJ Family Issues on May 14, 2011.

It is well-established in our jurisprudence that continued financial support for a child over the age of eighteen may be ordered for a child enrolled in a full-time educational program. See Gac v. Gac, 186 N.J. 535, 542, 546-47 (2006) (“The Legislature and our courts have long recognized a child’s need for higher education and that this need is a proper consideration in determining a parent’s child support obligation.”); Newburgh v. Arrigo, 88 N.J. 529, 543 (1982) (stating “the privilege of parenthood carries with it the duty to assure a necessary education for children[,]“); Khalaf v. Khalaf, 58 N.J. 63, 71-72 (1971); Patetta V. Patetta, 358 N.J. Super. 90, 94 (App. Div. 2003) (stating “while parents are not generally required to support a child over eighteen, his or her enrollment in a full-time educational program has been held to require continued support.”).

The question of emancipation is fact-sensitive. Filippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997). Clearly, however, enrollment is not the equivalent of actually attending college on a full-time basis; nor does attending college as a full-time student necessarily mean successful completion of at least twelve semester hours each semester. The fact-sensitive nature of the inquiry requires more than a finding that a student is enrolled in college.

Withdrawing from one course in the 2009 fall semester and completing only one course during the spring 2010 semester is not dispositive of whether the child ceased being a full-time student.

NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ.

The Legislature and our courts have long recognized a child’s need for higher education and that this need is a proper consideration in determining a parent’s child support obligation originally appeared on NJ Family Issues on May 11, 2011.