QUESTION

Can a child get emancipated because they went part time in college and then return full.time and get unemancipated

Asked on Oct 31st, 2020 on Child Support - New Jersey
More details to this question:
My child needed to go part time in college. He is 20. My ex is taking me to court for emancipation. If he goes back full time can I get child support again
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1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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The short answer is that there is case law in NJ that says that a child can graduate from high school and need a year to get his act together; during which year, the child can be deemed emancipated and then go to college and then be deemed unemanciapted. In your setting, he graduated from high school but only went to college part time for 2 years, during which his father paid child support and now the plan is for him to go to college full time and therefore you are opposing your ex's application to deem him emancipated. Your opposition to your ex's application must explain in detail with as much documentation as possible as to why your son was only going to college part time and whether his father knew he was going only part time and why the plan is for him to now go full time. I would also make sure that you include the classes taken by him, his GPA and proof that he is going to college now full time with documents from the school confirming same. Simply saying it without supporting paperwork will not suffice for the court. Also, dont think that you are simply going to walk into court and tell the judge your position. You must file written opposition to his application and you must attach all of your exhibits and provide a complete story. For purposes of your opposition, you have 25 pages available to you ( not considering exhibits) to write and explain why he was only going part time, etc and you will need all 25 pages to type out your response. 
Answered on Nov 01st, 2020 at 12:16 PM

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