Emancipation of Children in New Jersey

Guidance and direction about parents' responsibilities for grown children

Often, the end of child support is celebrated by one parent and mourned by the other. It is no surprise, then, that the proposed emancipation of a child can create so much controversy.

At Murano & Roth, LLC understand the nuances of New Jersey support laws and the role emancipation plays. We regularly tackle the complex issues surrounding emancipation through negotiation and court orders on behalf of either parent.

What you should know about emancipation

Emancipation occurs when children reach an age when they are no longer under the custody and control of their parents. Children usually are emancipated when they are able to live independently and have the financial resources to care for themselves. For parents paying support, this can mean the end of their financial obligation for a child.

In many states, the emancipation age is 18 -- period. In New Jersey, emancipation is considered on a family-by-family basis. Because there is flexibility, there inevitably are disputes. Some divorced or unmarried parents agree on their own when it is time to cut a child loose. Sometimes, parents plan ahead and incorporate an emancipation provision in their divorce decree. Quite often, though, there is disagreement and a negotiation or court hearing is in order. In either case, parents should have a written agreement or order before ceasing child support payments.

Some things that impact an emancipation determination are if the child:

• Turns 18
• Gets married
• Moves outside the influence of the parents
• Graduates from college
• Joins the armed forces
• Ceases attending post-high school education
• Works full-time

The laws in New Jersey may change with regard to emancipation — we can work with you to make sure you always understand what’s going on.

Let us sort out complex emancipation situations with you

Contact Murano & Roth, LLC online or at 201.265.3400 for the legal counsel you need to address the many questions impacting emancipation. Let us help sort out your situation.

"Courage is what it takes to stand up and speak; courage is also what it takes to sit down and listen.”
– Winston Churchill