Teaneck, NJ asked in Child Support for New Jersey

Q: My daughter is away to college in Tampa, mom lives in NY. I live in NJ, still paying child support, can I contest

My daughter just turn 19

Related Topics:
3 Lawyer Answers

A: Typically a child remains unemancipated for support purposes if he/she is a full time college student until age 23. Often child support is recalculated around the time a child lives away at college on campus, as the child support guidelines only apply to children residing at home with a parent. However, regular child support does not take into consideration college expenses, which are interrelated with child support, but not exactly the same thing. Ultimately, a court may determine that your child support obligation to your daughter's mother should decrease, but that you should pay a percentage of your daughter's college tuition and costs not covered by scholarships, grants, and other sources. You should probably bring your particular circumstances to a qualified family law attorney, to try to help you navigate what's in your and your daughter's best interests.

A: Thank you for your question. I am sorry you are having child support issues. If you were divorced in NJ then NJ law still applies and your daughter, because she is in college, is NOT emancipated. Therefore you have a continuing child support obligation. However, it is not "all or nothing." You may be entitled to a reduction in child support due to your daughter being away at college, and not home, 8 months during the year. You should consult with a Family Law attorney to more fully explore this option.

A: There is no basis for declaring your daughter emancipated. In fact, your ex-wife can take you to Court to seek additional funds to pay for college. This should be about what is best for your daughter and nothing else.

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.