Articles
Articles in the ‘Emancipation’ Category
New Jersey Necessity of Trial Court to Make Factual Findings for Emancipation
The Appellate Division affirmed the trial court’s power and discretion to emancipate a child and terminate support payments, the failure to make appropriate findings of fact can render such a decision unenforceable. Ingling v. Dettore, New Jersey App. Div., January 17, 2013
Emancipation Initiated by Child
This case represents another well reasoned intelligently crafted decision by Judge Jones. In a case of first impression and 18 year old child of divorced parents hired a lawyer, went to court and successfully emancipated herself, over and against parental objection. Ort v. Ort, ___N.J. Super. ___(Ch. Div.); August 20, 2012
Emancipation and ROTC Enrollment
The Appellate Division affirmed the trial court’s determination ruling ROTC enrollment is not equivalent to a full-time armed services commitment, for purposes of child emancipation. Bridge v. Maier, New Jersey App. Div., August 8, 2012
Child’s Special Needs Merits Tolling Emancipation
This case provides insightful analysis tolling a child’s emancipation when the child has special needs and those needs may interfere with the ability to attend college full-time and extraordinary accommodations may be required. C.W. v. J.F., New Jersey App. Div., February 22, 2012
Plenary Hearing and Emancipation
The Appellate Division reversed the trial court’s decision denying the request to emancipate the parties’ 18 year old child determining a plenary hearing should have been conducted whether the child was still financially dependent on his parents. Tarquini v. Tarquini, New Jersey App. Div., October 31, 2011
Post Graduate School Contribution
This case illustrates New Jersey’s broad and liberal interpretation of what constitutes an emancipation event extinguishing a parent’s obligation to support a dependent child. Where the parties elect in their property settlement agreement to leave open the possibility supporting a child with his/her post graduate and/or professional education, deference will be given to their intent. Here the ex-husband is on the hook to assist with his daughter’s schooling in England. O’Connell v. Mataloni, New Jersey App. Div., December 27, 2010
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.
Emancipation
The Appellate Division reversed the trial court’s denial of the father’s motion to emancipate his 20 year old daughter finding the ruling improperly dealt with the contested questions of fact as to whether the child had moved beyond the “sphere of influence” of her parents by foregoing schooling, working full-time, and choosing to start a family on her own while she was capable of financially supporting herself. The Appellate Division determined a plenary hearing was appropriate. Presper v. Presper, New Jersey App. Div., May 28, 2010
