Helping Clients With Divorce
& Family Law for More Than 25 Years.
A Firm Focused on Divorce and Family Law.
& Family Law for More Than 25 Years.
A Firm Focused on Divorce and Family Law.
Emancipation
By Peter Van Aulen, Esq.
Emancipation Defined
Often I have clients ask me if they have to pay child support after their child reaches the age of 18. My answer is that it depends on whether the child is emancipated. Emancipation is when the fundamental dependant relationship between the parent and child has ended. Bishop v. Bishop, 287 N.J. Super. 593,598(Ch.Div.1995).
Attainment of the Age 18 and College
The Court in Newburgh v. Arrigo, 88 N.J. 529, 543 (1982) held that although emancipation does not have to occur at any particular age, there is a rebuttable presumption against emancipation prior to attaining the age of 18. Id. The Newburgh Court stated that the child’s attainment of the age of 18 “establishes prima facie”, but not conclusive evidence of emancipation. Id. The court in Newburgh declared that whether a child is emancipated at 18 depends on the facts of each case. Id. The fact-sensitive inquiry is whether the child has moved “beyond the sphere of influence and responsibility exercised by a parent and obtains an independent status of his or her own” Bishop v. Bishop, 287 N.J.Super.593, 598 (Ch.Div.1995). The Courts in New Jersey have held that children enrolled in a full time undergraduate program are not emancipated and the parents are required to continue to make support payments. Limpert V. Limpert, 119 N.J.Super.441,443-443 (App.Div.1972). Also, the court in Keegan v. Keegan, 326 N.J. Super 289 (App.Div.1999) held that a child’s brief hiatus from college did not emancipate said child. Further, the Court in Ross v. Ross, 167 N.J. Super.441, 445-448(Ch.Div.1979) held that a twenty-three year old child who was pursuing a post-graduate law degree was not emancipated, and the father had to continue to pay child support.
What Primary Factors Does a New Jersey Court Consider When Judicial Emancipation Is Sought?
A New Jersey court considers the unique facts and circumstances presented in a specific case when weighing and balancing whether or not to emancipate a minor child. With that said, there exists a trio of key considerations utilized by courts in the Garden State in an emancipation proceeding:
– Financial independence of the minor child seeking to be emancipated.
– Independent living arrangements that are in place or will be in place for the minor if emancipation is approved by the court.
– Maturity of a minor child and the ability of that individual to make decisions in a responsible manner.
– Overall circumstances of the minor child and that individual’s family.
What Are Considered Suitable Independent Living Arrangements Sufficient to Support Emancipation?
There must be a demonstration that the minor has (or will have) a stable and independent place to live separate and apart from his or her parents or other guardians. The residence must be one that the minor demonstrably can afford. In addition, residing in a college dormitory is not sufficient to meet the threshold of an independent residence.
A Child Having a Child
The Court in Filippone v. Filippone, 304 N.J. Super 301, 309 (App.Div.1997) held that a financially dependant teenager who ga-ve birth to a child was not emancipated and her mother had to continue to pay child support. The child in Filippone became pregnant and gave birth to a child while in high school. The child did not marry the father of her child who provided her with nominal support for the baby. The child continued to live home with her father, attended high school then college and relied on the parental support “to meet her personal and educational needs.” Id. The Filippone court’s rationale was that the child was dependent on parental support and the fact that she gave birth to a child did not disqualify her from receiving said support. Id.
Does Childbirth Warrant Emancipation?
Childbirth alone is not enough to meet the standards for emancipation. A minor who is pregnant or has given birth must meet the basic requirements for emancipation outlined in this article.
Is It Possible to Revoke a Child’s Emancipation Once It Is Granted or Ordered by a New Jersey Court?
Generally speaking, child emancipation is permanent once ordered by a New Jersey court. In other words, course cannot be reversed and emancipation revoked at a later date. There are some limited circumstances in which a New Jersey court has revisited a previously issued emancipation order. Cases in which emancipation orders are reconsidered by a court typically involved situations involving the payment of child support prior to the termination of a child’s minority. In some isolated cases, New Jersey courts have ordered a reinstatement of a previously existing child support obligation.
Are Parents in New Jersey Able to Prevent a Minor Who Otherwise Qualifies for Emancipation From Seeking to Be Emancipated?
Parental objection alone cannot prevent emancipation sought by a child who otherwise qualifies for this status in New Jersey. In the Garden State, emancipation is not a matter of parental preference or permission. Rather, it is a legal status that is determined by a New Jersey court. While parental opposition will be a factor considered by the court in an emancipation case, it is merely one aspect of the overall evidence considered by a New Jersey court.
Drug Addiction
The Court in Baldino v.Baldino, 241 N.J. Super. 414, 421 (Ch.Div.1990) held that a child’s voluntary drug addiction will not prevent a finding of emancipation which otherwise would be made. In Baldino the child left high school at seventeen and entered a drug rehabilitation program. The child completed said program, returned to high school and graduated at nineteen. He then declined to pursue college, held ten different jobs, and then resumed using drugs. The court reasoned that to require parents to financially support a “voluntarily addicted child beyond the point whereby that child would otherwise be emancipated” exceeded the authority of the court and would be equivalent to a “condonation of the addiction and supporting the illegal act itself.” Id at 421. However, the Court in L.D. v. K.D., 315 N. J. Super. 71, 76 (Ch.Div.1998) held that the holding in Baldino did not apply to a drug dependent nineteen year old who after failing her last year of high school enrolled in a drug rehabilitation program which also provided GED classes. The court in L.D. distinguished Baldino by finding that the daughter was always financially dependant upon her mother who used the child support from the father to pay for the daughter’s living expenses. Id at 76-77. The Baldino court found that said daughter never moved past the sphere of “influence and responsibility” exerted by her parents and never achieved an independent status of her own. Id at 77. As seen from the above emancipation, cases are very fact sensitive. If you are facing emancipation issue call Peter Van Aulen today at 201-845-7400 for a consultation.