Emancipation of children and termination of child support in NJ

 Termination of Child Support upon Emancipation
in New Jersey

By
Kenneth Vercammen, Esq.

Child support is usually paid through a wage withholding garnishment at the
parent’s job. Child support orders and wage withholding continue forever
against you until a Superior Court Judge signs a Formal Court Order terminating
or modifying support. It is not sufficient for you to simply wait for a child
to finish school. Many Divorce decrees and Property Settlement Agreements state
that child support will end upon emancipation. For example, the term
"emancipation" is sometimes defined as follows: (i) The completion of
the child’s formal education on a matriculated basis, whether it be graduation
from a four year undergraduate school or high school, it being understood that
so long as the child is diligently pursuing his formal education through a four
year undergraduate college education and obtaining passing grades the child
shall not be considered emancipated. (ii) Upon the completion of any of the
aforesaid segments of the child’s education, and upon the failure to commence
the next segment of his education, or upon leaving school, the child shall be
deemed emancipated unless failure to continue on with his education has
resulted from injury or illness or some other cause beyond the child’s control.
(iii) The marriage of the child. (iv) Entry into the military or armed forces
by the child.

This
office's minimum fee for a Motion for Emancipation is $1,500.

       Once your child has graduated college,
child support payors should have a motion filed immediately to end child
support.

Your
attorney can draft the appropriate Motion to terminate child support if the
child is emancipated. You will need to provide your attorney with relevant
papers including a copy of the Final Judgment for Divorce, any other Child
Support Orders, copy of birth certificate if available, proof of graduation
from school or working full time, etc. Sometimes the child support recipient,
usually the mother, will sign a Consent Order, which your attorney can file
without the need for a formal Motion. However, generally a Formal written
Notice of Motion must be filed in the County Superior Court where the child
support Order was entered. The requirements of the Motion are detailed and must
include the correct filing fees. Child support does not end merely if the child
reaches 18 and graduates high school. Most child support Order continue child
support if the child is in college full time. However, don’t give up. In the
unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App.
Div. decided January 9, 2003) the court reduced child support during the period
of time the child resided at the college campus. The judge properly determined
it was appropriate to calculate child support only for the period of time the
child was not residing at college.

The
Motion will need to include the following type of language: PLEASE TAKE NOTICE
that the undersigned, attorney for payor parent, will apply to the above named
court, at the Court House, on [motion date] for an Order directing that child
support payments shall end since the child is now of legal age and emancipated.
PLEASE TAKE FURTHER NOTICE that the undersigned shall rely upon the
Certification of payor in support of this motion.

All
Motions, Family, Civil, Criminal and Chancery/ Equity must include a
Certification of mailing, similar to the following: CERTIFICATION OF MAILING
The undersigned hereby certifies that the original Notice of Motion,
Certification and all supporting papers have been filed directly with the
__________ County Family Division Motions Clerk, _____________, New Jersey. It
is further certified that a copy of the Notice of Motion, Certification and all
supporting papers have been served by certified and regular mail upon all
counsel and individuals indicated in the Notice of Motion.

Often,
the Certification we prepare will include some of the following language:

CERTIFICATION
OF c1 IN SUPPORT OF NOTICE OF MOTION FOR TERMINATION OF CHILD SUPPORT OF c3 I,
c1, of full age, hereby certify the following: 1. I am the defendant in the
within cause of action and file this Certification in support of my Notice of
Motion seeking relief and modification of the Courts prior Order of
___________________. Exhibit 1 2. I was divorced on ____________________,
____________ County, New Jersey. 3. On _______________, the Honorable
______________, ordered me to pay support in the amount of $________ per week
for the support of c3, who was residing with my ex-wife. 4. c3 was born on
_______________. My child is now 18 years old. Birth certificate Exhibit 2. He
works full-time. C3 is not enrolled full time in school. 5. I anticipate
retiring someday and need to invest money into a retirement plan. 6. I request
that the court terminate child support. I hereby certify that the foregoing
statements made by me are true to the best of my knowledge. I am aware that if
any of the foregoing statements made by me are willfully false, I am subject to
punishment. Order The Motion, Certification, Exhibits and proposed Order
prepared by your attorney will be submitted to a Superior Court Judge in the
Family Part. The proposed Order prepared by your attorney will usually contain
some of the following language:

O
ORDER FOR TERMINATION OF CHILD SUPPORT OF c3 This matter having been opened to
the Court upon motion of ___, Esq., attorney for c3, for an Order to terminate
child support payments, and the Court having considered he Certifications of c1
and c3, documents attached in support of the Motion, and the argument of
counsel, if any, and for good cause shown, it is on this __________ day of
__________________, 2015 hereby ORDERED that child support for c3 is terminated
as of _______________, and it is further ORDERED that the Probation Department
immediately update its records upon receipt of this order, and it is further
ORDERED that any child support payments withheld after ___________________,
shall be refunded to c3 by the Probation Department or o1 within 20 days of
receipt of this order, and it is further

ORDERED
that a copy of this order be served upon all Counsel, the Probation Department
and parties within ten (10) days.

__________________________
, J.S.C.

After
the Order is filed, there is a need to serve copies on the payee parent,
Probation Department, your job Personnel Dept/ Human Resources and other
relevant persons and entities. Hire an experienced attorney when you have
important legal needs. Typical fees for the Motion range between $1,500- $2,500
depending on work involved and experience level of the attorney.

The
following is a portion of the additional information we need to draft a Motion:
1. Your Full Name:

___________________________________________________
First Last

2
Your Street Address: ________________________________ City ________________
State __ Zip Code ___________

3.
Telephone Number:

Day:
____________________

Cell:
____________________

Night:
_________________

4.
E-mail address: ______________________________________

5.(a)Referred
by: _____________________________________

6.
Your Date of Birth: ________________ SS # ____________ Month Day Year

7
Date of Marriage, if any _____________________________

8
Other parent

____________________________________________________
First Last name

9
Street Address _________________________

City
______________ State/Zip ______________

10
Name, Address, & Birthdate of all Child(ren); Person with whom Child(ren)
Childs Full Name Address Birthdate Resides with

_________________

___________________

MISCELLANEOUS
INFORMATION:

1.
Name and Address of Your Employer (Provide Name and Address of Company if Self-
Employed) Name of Employer _______________________________ Address ___________________________

BRIEF
DESCRIPTION OF SPECIFIC PROBLEMS OR CONCERN?
______________________________________________________

______________________________________________________
______________________________________________________ ______________________________________________________
______________________________________________________

The
above information is a brief outline of work an experienced attorney can do for
you. Always schedule an in- office consultation whenever an important legal
matter arises.