If children are emancipated in the state of New Jersey, their parents are no longer legally or financially responsible for them. This usually happens in the context of a parent requesting to no longer be financially responsible for a child after he or she graduates from high school.
At Rigden Lieberman, LLC, you can find an emancipation lawyer near you serving Burlington County, Camden County, Mercer County, Gloucester County, Ocean County, Atlantic County, Cape May County, Salem County, Cumberland County, and New Jersey.
Emancipation in New Jersey
Children are automatically emancipated if they marry or enter the military. Although the emancipation statute states that a child support obligation will terminate at age 19, there are many exceptions to that rule, and in most circumstances, there is no automatic age for when a child is emancipated in New Jersey.
If a child obtains full-time employment after high school, moves out of his or her parents’ home, and is self-supporting, those could all be events triggering emancipation, but it is not automatic.
If a child is 19 or older but is still in high school or another secondary educational program or is enrolled and attending college or other post-secondary education program, then the child can remain unemancipated. Also, if a child has physical or mental disabilities as determined by the State or Federal government, then a child may remain unemancipated past the age of 19. In sum, whether a child can be emancipated by a Court is very fact-specific.
If parents do not agree on a child’s emancipation, then they must request a Court Order deeming the child emancipated. In that event, a Court will consider:
- The child’s relationship with his or her parents and whether the child has moved out of the parental sphere of influence.
- The child’s financial resources
- The child’s age
- The child’s health
A parent’s request to emancipate a child may be countered with evidence requiring parents to continue financially supporting their child.
When to Consult with an Emancipation Lawyer
Whether a child should be deemed emancipated is a very fact-sensitive analysis. Meeting with an emancipation lawyer can help make this process as smooth as possible and protect the needs of your family.
At Rigden Lieberman, LLC, we understand the complicated emotions that can arise with emancipation. Alexandra Rigden and Ronald Lieberman each have years of experience in family law and understand how to meet the needs of your family.
Request a Consultation with Our Emancipation Lawyers
If you believe you should no longer be required to financially support your child, or you are objecting to your co-parent’s request to emancipate a child, you will have a better understanding of this process by meeting with an emancipation lawyer near you.
Request a consultation with the experienced lawyers at Rigden Lieberman, LLC today. We are here to support you and your family.