Some states set a specific age for when a child is legally emancipated. New Jersey does not, which can complicate matters like child support agreements. Fortunately, there are now some clear laws on the books about when a child becomes emancipated. A lawyer from our firm can tell divorced parents what they need to know about emancipation & child support in New Jersey.
What Does Emancipated Mean?
When a child is legally emancipated, that means that they are no longer controlled and supported by their parents. Both parts are important. Someone who reaches the age of 18 can make many decisions on their own, independent of their parents’ whims. However, if they are still supported by their parents, they are not really considered emancipated in the eyes of the law.
How Can Emancipation Affect a Divorce Agreement?
When you get divorced, the non-custodial parent has to pay child support. This agreement should only last until the child is legally emancipated. So it is obviously going to be in both parents’ interests to determine when a child support order should end. Parents can also figure out if a child support agreement should be extended for a few more years after a child has turned 18.
The age of the child matters, but not every 18-year-old can be considered emancipated. It’s important to know what other factors a court considers before you decide that your child support arrangement is over.
Aside From Age, What Can Affect Emancipated Status?
Many children who reach the age of 18 can be considered emancipated, but many are not. Some usual reasons why someone aged 18 years or older may not be considered emancipated include:
- The child is still enrolled in high school
- The child is enrolled full-time in college, trade school, or a similar program
- A disability affects the child’s ability to live independently
In cases like these, a child support order will often be extended. An order can last until a child’s 23rd birthday, but it can be modified or ended if something else changes. A change could be necessary if, for example, a child drops out of college.
Some other factors can also cause a child to become emancipated before they turn 18. They could file for emancipation themselves, sign up for service in the military, or get married. In these cases, they would not still be considered to be in need of a parents’ support.
Can I Just Stop Paying Child Support?
You should not just stop paying child support though. If you believe that your child meets the requirements to be considered emancipated, then you should go to court and make your case. Just stopping payments can cause legal headaches for you.
Contact Our Law Firm
If you need help working out an extension to your child support order or you have questions about when an existing order ends, we may be able to help. Contact the Law Office of Townsend, Tomaio & Newmark to schedule a consultation with our team.
