In previous posts we have discussed that child support obligations may extend beyond a child’s 18th birthday, including college education financing, or even a Master’s or professional degree (law, medicine, dentistry, architecture, etc.). We have also written about how, under certain circumstances, it is possible that a child support order could be modified, whether upward or downward. Depending on the circumstances, it is also possible that a parent could be relieved of making any further support payments.

A New Jersey man learned this firsthand in 2013.  The Family Court relieved him of having to pay child support for his adopted, college-aged daughter. An Appellate Court recently ruled on the daughter’s appeal of that decision, finding in favor of the father. The young woman was deemed to be definitively and permanently self-emancipated. Our analysis of this important new legal development follows.

So what happened?

A father sought post-judgment relief from his support payments after his daughter moved out of the house of her mother (his ex-wife) and in with her biological father. In seeking court-ordered relief, the man pointed out that his ex-wife agreed he should no longer have to make payments. The legal struggle took place entirely between the adopted daughter and her father.

Legal emancipation

Readers may be surprised to learn that a New Jersey parent could have to pay child support for college for a child until he or she turns 23, or even beyond if the parents would have continued to make such payments had they stayed together. This support obligation only ends when a child is considered to be legally emancipated. In making that determination, the focus will be on whether the child has secured an independent status and moved beyond the responsibility and sphere of influence exercised by a parent.

In our experience, most parents who settle their financial issues pre-divorce judgment agree to limit their financial exposure for a child through college completion or age 23, whichever first occurs, barring the child’s unforeseen medical or emotional problems that might reasonably lengthen both parties’ obligation.

In the instant case, the trial court (and the affirming Appellate Court) determined that the young woman self-emancipated when she:

• Arranged for financial support from her biological father;
• Moved in with her biological father;
• Rejected her adoptive parents’ sphere of influence;
• Sporadically attended college; and
• Obtained part-time employment.

The case result seems obvious and fair to us, under the circumstances presented. Our attorney colleagues around the state have largely agreed with us about that.

Conclusion

If you are making child support payments and believe that something has happened that should reduce those payments or bring them to an end, then you need to consult with a law firm that understands the steps necessary to achieve your goal.

We recognize and respect the complexities associated with modifying a child support obligation, including the emotional and financial issues. We will do our utmost to add significant value to your decision-making — and to any necessary legal steps, negotiations, and court proceedings that may follow.

Give us a call or write to us. We are here to help you.