Philadelphia, PA asked in Child Support for New Jersey

Q: My son is 23 I am still paying child support for him cause his mom is playing the disabled card

My sone needs a liver but he can do everything on his own he can walk fine feed himself go to gym even plays video games and goes to the mall alone and has had jobs his mother uses him as a meal ticket I do owe back support I got behind cause I can’t offord it I pay less for my teen girls than the 23 year old she had showed nothing to show he could not do anything on his own it’s all word of mouth

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

A: Under the law in New Jersey, a child is presumed emancipated at age18 / graduation from high school. If the child goes on to college / trade school following his graduation from high school, emancipation can be deferred but not past age 23, except if he is disabled, but the definition of disability for emancipation is much narrower and the burden is placed on your ex to prove that he is incapable of employment. If your son graduated from high school and is able to drive a car, go to the gym, etc, it sounds like his disability should not prevent the court from adjudicating him emancipated, but this is not an application to file on your own. If you screw it up, your ability to then go back to the court at a later date with the same information ( with or without a lawyer) will be unsuccessful. If you have 1 shot, do it right.

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