Emancipation in Family Law
What is Emancipation in Family Law? Emancipation in family law is the process of a child exiting the sphere of influence of the parents, usually by action of statute. When parents disagree on when a child is emancipated, a judge in Family Court will decide the issue. What triggers emancipation and family law? Completing high school, moving into the workforce, joining the military, or getting married can trigger emancipation.
Absent exceptional circumstances, emancipation in family law and child support terminates at age 23. What are the obligations of the noncustodial parent to the post high school unemancipated child? The noncustodial parent must continue to pay child support, cover health insurance if applicable, and contribute to college expenses. To avoid disputes over emancipation and family law, it is important for both parents to communicate regarding the child‘s education plan.
When is a child emancipated?
Emancipation in family law is complex. For many, emancipation occurs by action of statute. Conversely, when parents disagree the judge in Family Court will decide the issue of emancipation in family law.
What does emancipation in family law mean?
Emancipation in family law means that a child has exited the sphere of influence of the parents. The emancipated child has finished school. Emancipation means that the child support stops. Emancipation and family law can mean the requirement to provide health insurance for the child terminates.
Why fight about emancipation and family law?
Parents disagree when emancipation has occurred. The parent paying child support moves for emancipation in family law court. The Family Court judge analyzes the facts.
Is the child still in school?
To avoid emancipation and family law a child over the age of 18 must be a full-time student. What is a full-time student to avoid emancipation and family law?
Opinions differ on what constitutes full time. Most judges agree that 12 credits taken semester after semester is full-time attendance. The key is 12 credits one semester and three credits the next semester is not continuous.
What if a child joins the military?
Military service triggers emancipation.
What if a child has a child of his or her own?
Ironically, becoming a parent does not automatically result in emancipation and family law. Hence, an unemancipated child can be a child receiving child support and a parent paying child support.
A child graduates high school and pursues trade school. Emancipated?
It depends. Example 1
The child pursues a career as a licensed master plumber. While living at home and working as a plumber’s assistant during the day he takes classes at night. Emancipated.
Example 2
The child goes to a trade school, away from home for welding. Full-time program for two years. There are paid work opportunities spiraled into the program. Emancipation and family law? Not until the program is completed or the child drops out.
Completion of a four year undergraduate degree? Emancipation in family law?
Yes. Absent agreement to the contrary, finishing a full-time undergraduate degree triggers emancipation.
Today’s colleges like to keep the students around for five or six years. Taking five or six years may trigger emancipation and family law. Age 23 triggers emancipation.
However, it depends on the program. A six year Masters in Physical Therapy program may be integrated with the undergraduate degree. Accordingly, a four year degree gets the student nowhere. That student will not be considered emancipated until she completes the program or quits.
Remember John Belushi from Animal House.
Generally, parents are not required to pay for law school or grad school. The student completes undergraduate studies and everyone is off the hook in the eyes of the law.
What triggers emancipation and family law?
Completing high school and moving into the workforce, joining the military for getting married. Boom. Emancipation.
Flip it around.
If a child as above turns 18 and finishes high school and no one does anything in Family Court? What happens? Upon a child completing high school and not going to full-time University, the noncustodial parent has to file in Family Court for emancipation. Conversely, at age 19 a child is automatically emancipated unless the custodial parent proves the child continued as a full-time student.
Absent, exceptional circumstances, emancipation in family law and child support terminates at age 23.
What are the obligations of the noncustodial parent to the post high school unemancipated child?
Continue paying child support. Continue covering with health insurance if applicable. Contributions to college expenses. Fights over college contribution are big business for Family Court lawyers. The key to succeeding in a dispute over college expenses is communication.
Want to stay out of court over emancipation and family law?
Communicate with your EX. The child’s education plan needs to be shared. Likewise, applications sent in and responses received. By and large, courts enforce agreements regarding emancipation and college expenses when the parties communicate. Failure to communicate leads to bad decisions on college expenses and emancipation in family law.
___________________________________
Section 2A:17-56.67 – Termination of obligation to pay child support.
Universal Citation: NJ Rev Stat § 2A:17-56.67 (2015)
2A:17-56.67 Termination of obligation to pay child support.
- a. Unless otherwise provided in a court order or judgment, the obligation to pay child support shall terminate by operation of law without order by the court on the date that a child marries, dies, or enters the military service. In addition, a child support obligation shall terminate by operation of law without order by the court when a child reaches 19 years of age unless:
(1)another age for the termination of the obligation to pay child support, which shall not extend beyond the date the child reaches 23 years of age, is specified in a court order;
(2)a written request seeking the continuation of child support is submitted to the court by a custodial parent prior to the child reaching the age of 19 in accordance with subsection b. of this section; or
(3)the child receiving support is in an out-of-home placement through the Division of Child Protection and Permanency in the Department of Children and Families.
b. (1) In response to a notice of proposed termination of child support issued in accordance with subsection d. of this section, a custodial parent may submit a written request, on a form and within timeframes promulgated by the Administrative Office of the Courts, with supporting documentation to the court, including a projected future date when support will terminate, seeking the continuation of child support beyond the date the child reaches 19 years of age in the following circumstances:
(a)the child is still enrolled in high school or other secondary educational program;
(b)the child is a student in a post-secondary education program and is enrolled for the number of hours or courses the school considers to be full-time attendance during some part of each of any five calendar months of the year; or
(c)the child has a physical or mental disability, as determined by a federal or State government agency, that existed prior to the child reaching the age of 19 and requires continued child support.
(2)A custodial parent may file a motion with the court seeking to extend the obligation to pay child support beyond the date the child reaches 19 years of age due to exceptional circumstances as may be approved by the court.
c.If the court finds that the request form and supporting documentation submitted by the custodial parent establish sufficient proof to continue the child support beyond the date a child reaches 19 years of age pursuant to paragraph (1) of subsection b. of this section, the child support obligation shall not be terminated by operation of law when the child reaches the age of 19, and the court shall issue an order establishing the prospective date of child support termination. A copy of the court order shall be provided to both parents of the child. A parent responsible for paying child support who disagrees with the court’s decision to continue child support beyond the date the child reaches 19 years of age or who otherwise desires to modify or terminate the child support obligation may, at any time, file a motion with the court seeking relief from that obligation.
d.For child support orders that are administered by the Probation Division of the Superior Court, the Probation Division and the State IV-D agency shall cooperatively provide both parents with at least two written notices of a proposed termination of child support,
which shall include information and the request form to facilitate the continuation of child support beyond the date the child reaches 19 years of age. The first notice shall be sent at least 180 days prior to the proposed termination date, and the second notice shall be sent at least 90 days prior to the proposed termination date. The second notice shall not be required whenever a custodial parent’s request for continuation is pending or a new date of child support termination has been established. To the extent feasible, the Probation Division and the State IV-D agency shall cooperatively provide additional notice to the parents by text message, telephone message, or other electronic means. In addition, all orders and judgments that include a child support obligation entered after the effective date of P.L.2015, c.223 (C.2A:17-56.67 et seq.) shall contain information regarding the termination of child support obligations as provided in P.L.2015, c.223 (C.2A:17-56.67 et seq.).
e.Notwithstanding the provisions of this section, the obligation to pay child support shall terminate by operation of law when a child reaches 23 years of age. The Probation Division and the State IV-D agency shall cooperatively provide both parents with a written notice of termination at least 90 days prior to the termination date and, to the extent feasible, the Probation Division and the State IV-D agency shall cooperatively provide additional notice to the parents by text message, telephone message, or other electronic means. Nothing in this section shall be construed to:
(1)prevent a child who is beyond 23 years of age from seeking a court order requiring the payment of other forms of financial maintenance or reimbursement from a parent as authorized by law to the extent that such financial maintenance or reimbursement is not payable or enforceable as child support as defined in section 3 of P.L.1998, c.1 (C.2A:17-56.52); or
(2)prevent the court, upon application of a parent or child, from converting, due to exceptional circumstances including, but not limited to, a mental or physical disability, a child support obligation to another form of financial maintenance for a child who has reached the age of 23.
Related – Ocean County Emancipation – Family Law
