Whether or not the child is emancipated and therefore the parents relieved of the duty to support the child, depends on the facts of the case. The issue is fact-sensitive and the essential inquiry is whether the child has moved "beyond the sphere of influence and responsibility exercised by a parent and obtained an independent status of her own." The child's age and the fact that the child has a child of her own are important facts to consider; however, they are not the only important facts to consider. Other facts to consider include whether or not the child is attending college full time, on an uninterrupted basis, the grades the child is earning in college, and others. To discuss the details particular to your case with an experienced family law attorney, call Weinberger Law Group to schedule a free consultation.
You may also find the following website to be informative:
http://www.weinbergerlawgroup.com/children-parenting/child-support/emancipation-legaladults.aspx
http://www.njchildsupport.org/Resources-Forms/Other-Resources/Family-Issues-Fact-Sheet/Family-Issues-Fact-Sheet.aspx
http://www.njchildsupport.org/Frequent-Questions/FAQs-Folder/Eligibility/Does-my-support-order-automatically-end-when-my-ch.aspx
The information we provide is not, nor is it intended to be, legal advice. These answers are designed for general information only. You should consult an attorney for advice regarding your specific situation. Our website, www.WLG.com, will provide you with a wealth of valuable information in addition to the best way to contact us.
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