If you are a parent who is paying child support but believes your child is either old enough or has the means to support him or herself, you are most likely looking into what is known as “emancipation.” Though of course, you want your child to succeed, there comes a time where you have to draw the line. If you have just cause to believe your child should be emancipated, here are some of the questions you may have:
What age is child support paid until?
Several states decree that a child is automatically emancipated at the age of 18. However, in New Jersey, this is not the case. In New Jersey, for a child to be emancipated, he or she must either no longer live with his or her parents, or no longer depend on them financially.
When will the state of New Jersey recognize my child as emancipated?
Several factors may come into play when determining whether your child is ready for emancipation. Some factors that may either prolong or halt child support payments are as follows:
- When your son or daughter turns 19, they are generally considered emancipated in New Jersey. However, parents can still request an extension on child support payments if their child is a full-time student, still living at home, or he or she has a disability that requires ongoing support.
- However, when your son or daughter turns 23, child support is no longer allowed to be requested under any circumstances.
- If the date of child support termination is reached and a parent is in arrears, the amount he or she owed is not erased until all payments are made.
Can a child emancipate themselves in New Jersey?
If a child seeks to make his or her own decisions and support him or herself financially, he or she may petition the court for emancipation. Some of the reasons a child may petition for emancipation are as follows:
- The child joined or is joining the military
- The child has become pregnant or has children of their own
- The child is married
- The child is financially independent and has a full-time job
- The child is no longer living with his or her parents
Though these are valid reasons to request emancipation, the court still takes these matters case-by-case, meaning you are not guaranteed emancipation just because you petition for it.
Contact our experienced Bergen County firm
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee.
To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about moving out of your marital home during your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.
