Articles
Emancipation
This case deals with the scenerio that once a child is emancipated and child support is terminated, when a substantial changed circumstance arises affecting the child, the child may became unemancipated thereby reviving the child support obligation.
The Appellate Division recognized ”a brief hiatus between high school and college is becoming commonplace,” Sakovits v. Sakovits, 178 N.J. Super. 623, 631 (Ch. Div. 1981), and that it may be unreasonable to enforce the PSA as written and agreed to by the parties because of changed circumstances or other equitable considerations, including defendant’s failure to consistently comply with his financial obligations. See Dolce v. Dolce, 383 N.J. Super. 11, 18 (App. Div. 2006) (noting that an agreement between parents to support a child past majority “is enforceable if fair and equitable”).
However the matter was reversed and remanded to the trial court to make findings of fact. Dehere v. Booker, New Jersey App. Div., June 7, 2010
