Q: How can my husband terminate his child support? We reside in NJ but his ex still resides in Puerto Rico. His daughter
will be 21 in December and we were made aware that she no longer attends college and had moved out of state! My husbands ex never made the courts aware and is still getting support. We have petitioned our courts here and they said we have to go through the courts in Puerto Rico. Now my husband is being told there is nothing that can be done and he must continue to pay until she is 21.
A:
Thank you for your question.
First, it seems you may have jurisdiction issues. If the Child Support was established in NJ and your husband still currently lives in NJ, the application to terminate child support must be made in NJ as the state still has jurisdiction. Second, was there an agreement in place providing what constitutes emancipation of his child? In order to emancipate your daughter, you must make a showing that she is no longer under the influence of her parents and that she is not enrolled in college. I strongly encourage you to schedule a consultation with an experienced family law attorney.
I hope this information was helpful to you.
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