Emancipation Is Not Automatic
Emancipation of a child may occur upon the happening of certain specifically enumerated events in the child’s life. If you are paying or receiving child support it is important you know that emancipation is not an automatic event. If you, or your child’s other parent, are trying to emancipate your child in order to terminate child support The Darling Law Firm,LLC will advise you of your rights and obligations and vigorously represent you in your effort to obtain the relief you deserve and support your child’s best interests.
If you are receiving child support for a child’s upbringing, college tuition payments, car payments, car insurance or other funds for a minor child, it is likely you rely on these funds to make ends meet. Alternatively, if you are paying support to your child’s other parent, particularly if your children are estranged or you have another family you are struggling to support, the ability to cease paying these funds would enable you to start climbing out of debt or saving for retirement. We will advise you of your rights so that you may make a well-informed decision about your situation.
Events Giving Rise To Emancipation
Although emancipation may be triggered by the happening of certain enumerated events, emancipation is not automatic upon the occurrence of such events. In intact families, the parents eventually cease paying the child’s bills and let the child become self-sufficient. In families of divorce or where the parents never married, emancipation requires a judicial hearing or a “consent order” to be filed with the court in order to end child support. You may file for emancipation upon the occurrence of any of the following events:
- The child reaches the age of 18
- The child enters the military
- The cihld marries
- Death of the child
- The child matriculates from post-secondary education or equivalent program
- The child is no longer in need of the parent’s care known as “beyond the sphere of influence of the parents”
Considerations of the court upon application for emancipation will be the parties intent for the child’s higher education and support had the parties not divorced, the child’s aptitude and desire to continue with education programs, whether the child is actively and consistently pursuing a degree or educational program, whether the child has unsuccessfully pursued multiple programs without matriculation from any, special needs of the child and changed circumstances of the parties that may have occurred following their Property Settlement Agreement or the judge’s order in the divorce trial.
In the event your child has special needs, they may remain within the parents “sphere of influence” permanently and special consideration will be given in establishing or terminating child support. The Darling Law Firm, LLC has experience with divorcing parents of special needs children and we will advise you of the options in your specific situation.
The attorneys at The Darling Law Firm understand that you wish to care for your child no matter their circumstances but we also understand that the child’s needs must be balanced against the needs of the family as a whole. If you believe an emancipation event has occurred in your child’s life and are seeking emancipation or if you believe your child continues to need the support of both parents and are fighting emancipation, now is the time to speak with one of our family law attorneys to learn about your rights and the resolutions available in your matter.
Call us today at 973-584-6200 or click here to e-mail us to begin working with the family lawyers at The Darling Law Firm.