Legal Question in Family Law in New Jersey

Can I stop child support?

My wife and I are divorced for 10 years. We have joint custody of my 18-yr-old daughter and I have have paid CS since she was 8. She entered college in September but decided college was not her thing and has since dropped out. I paid $4,000 towards her education. She is now back living with her mother. She will be 19 in April. (1) Can I legally stop her child support since she is no longer in school; (2) Do I have to wait until she gets a job first? and (3) If I COULD stop the CS, what would happen happen if she was to return to some type of schooling this September...would my ex be entitled to it again?


Asked on 2/04/05, 10:02 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Can I stop child support?

Absent a Court Order, you cannot just stop paying child support. You need to make an application to the Court, by way of a Motion, to have your daughter emancipated. An Affidavit would be filed as part of the Motion, advising the Court of the operative facts and establishing that she should be living on her own, supporting herself by way of a job. Whether or not you will be successful depends on the particular facts and circumstances of your case and whether or not the Judge believes that your daughter is or should be supporting herself. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 2/04/05, 12:03 pm


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