WHO DECIDES WHEN THE CHILD IS EMANCIPATED?

EMANCIPATION

1. WHO DECIDES WHEN THE CHILD IS EMANCIPATED?

You need to read your Judgement of Divorce or court order carefully to ascertain if there is an explicit age, or circumstance that determines the emancipation of the child(ren). If not, please note that there is no automatic age of emancipation as per New Jersey State Law, however, we use the following guidelines to assess if both parties agree to a voluntary termination of support and enforcement by Probation.

· The stipulated child has reached the age of 18 and is not attending school full-time;
· The stipulated child enters into marriage;
· The stipulated child has moved away (note: attending boarding school, camp or college shall not be deemed residence away from home and are not emancipatable unless stipulated in the Judgement of Divorce or court order);
· The stipulated child enters into the armed forces;
· The stipulated child has obtained full time employment after 18 years of age (not part time or full time during summer vacation and/or school breaks)

The existence of one or more of the above does not stop the enforcement of the order until a modified order is entered.

source: http://www.judiciary.state.nj.us/monmouth/info_book.htm

Does child support automatically terminate when the child

reaches 18?

In New Jersey, the child support order continues in effect until the

court determines that the child is emancipated. However, there

could be a provision in your order that clearly states when support

is to stop. If not, it is up to the obligor to file a motion with the

court to have support terminated.....

EMANCIPATION

Under New Jersey law, 18 is the age of majority. N.J.S.A. 9:17B-

3 notwithstanding, there is no fixed age or specific event when

child support stops, unless it is specifically ordered by the court.

A child who attains the age of 18 or graduates from high school is

not automatically emancipated. Emancipation of a child requires

an order from the court. The party seeking emancipation of a

child must file a modification motion with the family division of

the Superior Court in the county of venue. The Court examines

the facts of each case to determine if the age or circumstances

allows for emancipation of the child. If the court enters an order

of emancipation, the emancipation does not relieve the obligor

from the payment of arrears or resolve any overpayments unless

specifically addressed in the order.

source: http://www.judiciary.state.nj.us/prose/10752_guide_njj_csep.pdf