Legal Question in Family Law in New Jersey

Withdrawing from College classes

My husband is obligated to pay child support until his daughter is emancipated. She has been in college for 2 l/2 years, but we just discovered that she withdrew from all classes this semester. She has registered for other courses this summer with the local community college. Is my husband still obligated to pay child support even though she did not complete her courses this semester?


Asked on 4/14/02, 12:23 pm

3 Answers from Attorneys

Ryan Dornish Ryan A. Dornish, Attorney At Law

Re: Withdrawing from College classes

Thank you for your inquiry. Please be advised that I have not been retained to represent you and the information is based on the limited information you supplied. However, the answer to your question is that it depends on several factors. How old is the daughter? What exactly is the agreement you husband made for child support? If the child is old enough to be emancipated and she is not a full time student, child support may be reduced or terminated. Where is the child living and with whom does she live? The agreement your husband made could state that he support his daughter to a certain age or until she completes her education (full time or part time). In that case, child support would not be reduced or terminated. I would need more facts to provide a clearer answer. If you sish to contact me and discuss this further, feel free to contact me at 908-537-7975.

Read more
Answered on 4/15/02, 9:55 pm
Edward Weinstein Law Office of Edward R. Weinstein

Re: Withdrawing from College classes

Thank you for your inquiry.

I beleive that you may be able to terminate or reduce child support, depending upon whether or not she is still a full-time student, whether she lives at home with her mother, and other factors.

As it would be my pleasure to speak to you regarding your situation, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

Read more
Answered on 4/15/02, 10:59 am
Bruce Matez Gerstein Grayson, LLP

Re: Withdrawing from College classes

Thank you for your e-mail. Normally, a child is deemed unemancipated if she is a full-time student and not otherwise self-supporting; child support is payable for an unemancipated child. If a child is a part-time student and has graduated from high school, she may be deemed emancipated by the Court and child support may be terminated. I caution you, that as this is a very fact-sensitive issue, you should speak with counsel regarding the specific facts. Do not rely on general principles. Our firm's department of experienced family law attorneys can provide guidance and representation. Please call 856-795-6700 to schedule an appointment. We look forward to hearing from you. K.Scheiner

Read more
Answered on 4/15/02, 1:47 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey