Emancipation Proclamation

Emancipation in the child support world is either a day of great relief or a day of dread depending upon which side of the equation you sit.  Are you the child support payor?  Then you likely have been eyeing that light at the end of the tunnel for years.  If you are the payee however, you're probably dreading the loss of that financial contribution.

As I tell my payor clients, you have the right to seek emancipation of your child.  Do not feel guilty.  You have supported your child as you were legally obligated to do, and now it is time for that child to help support his or herself.  After all, it's not as though you will never buy your child another lunch or dinner.  Most parents will continue to assist their children even after emancipation.  Let's be honest, most of us have an elderly parent who still wants to help out financially occasionally.  And if you are the payee, well, again; as I tell my clients, child support technically belongs to the child.  And when that child has grown and become his or her own person, it is time for the support to end. 

The big question obviously is when?  When is it appropriate to seek emancipation?  In New Jersey, parents are required to contribute to the support of their children until they have "moved beyond the realm of parental influence".  That's a fancy way of saying that they are capable of supporting themselves.  As long as a child is still in school - usually until they have received an undergraduate degree, child support will continue.  Attendance at a trade school would also apply.  A child who graduates high school and does not pursue any additional education will need to seek employment.  He or she cannot  just sit on the couch all day, nor can they take a year off to explore the world and expect their parent to continue to pay child support.

The facts of each case are different.   The status of your local economy can also impact the court's decision.  Failure to look for a job is different than failing to find a job.  If a child is still truly dependant on his or her parents for support then a court may consider such facts in deciding the motion.

Talk with an attorney for more information and a professional opinion on the facts of your case.  I can  be reached at 609-601-6600.

Best,

Stephanie