Legal Question in Family Law in New Jersey

emancipation

I am an 18 year old college student and have a part-time job. My father is trying to emancipate me. My first semester I was unable to complete a full-time scedule do to recieving finacial aid late and my father unwilling to help pay for tuition fees. My second semester I was one credit hour short of being considered ''full-time''. I am doing fairly well in school, maintaining a 3.25 GPA. At my job I work anywhere from 9- 35 hours a week, depending on my school scedule, normally about a 20 hr week. Is this means for my father to emancipate me?


Asked on 6/17/08, 9:27 pm

1 Answer from Attorneys

Salvatore Principato Salvatore Principato, Attorney at Law

Re: emancipation

You have not stated your full situation. Are you living with your mother and your parents are divorced or separated? Generally emancipation is not automatic in NJ. When you say your dad wants to emancipate you, has he filed something? You are going to have to rpovide more facts but if you are still in the "sphere of influence" of your parents seeking their guidance and input, you may sucessfully resist emancipation.

Did you or your mom discuss college with him beforehand? You should counter his application if one has been filed or file your own via mom if he has not but he is refusing to contribute. I cannot not give you a correct assessment if I am unaware of all pertinent facts but generally you need to see counsel to insure your legal rights are protected.

Working part time does not disqualify you as many courts expect a student to make some contribution and sometimes a break between high school and college has been permitted.

You seem to have worked becuase full time college was not an option without help. This could be favorable but one should consult the parent and seek the courts' help before incurring expenses if possible so that only future will be attainable since you did not file for help from the courts. More information is needed.

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Answered on 6/18/08, 8:08 am


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