League City, TX asked in Family Law and Child Support for New Jersey

Q: Can my 18 year old be emancipated if she is 100% dependent on me?

The NCP filed an application to emancipate based on her college credits. She was full time in the fall and part time in the spring because of a switch in schools. She is taking summer classes and is registered for the fall as a full time student. The judge emancipated her solely on her college credits and not under the emancipated factors. And she retroactively emancipated her from 1/1/20.

Related Topics:
1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: Im sorry to say, but this is a perfect example of a setting where you should have hired a family law specialist to represent you instead of representing yourself or hiring a general practice lawyer. On its face, it appears that your daughter may not have been emancipated or that the court should not have emancipated her but in opposition to your ex's application, you had the responsibility to submit specific proofs to the court and to submit those proofs in a specific fashion and my gut tells me that you did it wrong and now the cost of trying to correct the error potentially too expensive for you. There are a million settings today, when a child has difficulties with 1 or more semesters in college and to address those type of settings in response to an application for emancipation, the lawyer / litigant needs specific knowledge of the case law governing college education and needs to know how to properly present it.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.