Marco Island, FL asked in Divorce and Family Law for New Jersey

Q: Hello can anyone provide case law that helps a parent with full custody of a 19 yr old child going to FL university

Campus but frequently comes back home 1 hr away for medical, dental etc.

Opposition wants to emancipate the child and reduce child support.

Any NJ case law on that since that’s where its being heard that can help me support my child and my case or does case law not matter on the state its being heard. Thank you

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2 Lawyer Answers
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: You need to schedule a post-divorce consultation with a New Jersey family law certified trial lawyer to discuss the standard applicable to emancipation and as to a parent's support obligation while in college. Presumably, you and your former spouse lived in NJ at the time of the divorce, which means that under the uniform child custody jurisdiction and enforcement act, all issues as to support and parenting time for your child are to be heard in the NJ court system and the court is required to apply NJ law. The purpose of the law is to prevent parents from moving from 1 state to another state in hopes of finding more favorable views on support / custody claims. Once a court has entered an order addressing custody, parenting time and / or child support ( which includes college and related expenses for a child) that court system retains control over all issues of support and custody for the child moving forward until his emancipation.

For purposes of meeting with counsel, you need to provide him / her with a copy of your settlement agreement, any subsequent court orders / agreements and all emails and text messages between you and your ex as to college costs, etc and the basis for his request for emancipation.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Clifton, NJ
  • Licensed in New Jersey

A: This forum is not for free legal research. You really need to retain an experienced matrimonial attorney to represent your interests in this case.

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