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.

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • 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.

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