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
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.
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