The Durst Firm

A finding that a child is emancipated terminates the legal obligation of the parent’s to provide financial support to the child.  Child support obligations end once a child is declared emancipated.  Given the financial ramifications of deciding that a child is emancipated, it is a decision the courts do not take likely and an emancipation hearing is generally initiated by the non-custodial parent.

However, in a recently decided case of first impression, the court granted a child’s request to be emancipated.  Using the same analysis that would apply if the parent were seeking to emanciapte a child, the trial court judge found this 18 year old to be “beyond the sphere of influence” of her parents.  As summarized by the NJ Law Journal:

FAMILY LAW — CHILD SUPPORT
20-4-7418 Ort v. Ort, Ch. Div., Family Pt. — Ocean Co. (Jones, J.S.C.) (9 pp.) Once a child of divorced parents turns 18, it is very common for a noncustodial parent to immediately attempt to emancipate the child and terminate child support. This case, however, presents a completely opposite legal issue of first impression: What happens when a child who turns 18 seeks her own emancipation over parental objection, i.e., when a parent asserts that emancipation is premature or otherwise inappropriate because the child is allegedly still within the sphere of parental influence? Pursuant to Rule 1:36-2(d)(2) and (6), Ort addresses important questions of family law and the right of an 18-year-old “child” (now adult) to independence from her parents. [Decided May 3, 2012.]

Many prospective clients, after telling me of the trials and tribulations they have experienced during their marriage, ask me if I think they should get a divorce. While the self-serving response would be an unequivocal “Yes”, I tell them that the decision on whether to divorce is not mine to make. In a no fault state such as New Jersey, the reasons one may want a divorce are personal and subjective. They only time I advocate a swift and definitive course of action is when I am made of aware of the fact that the client or the children are victims of abuse.

In response to their plea for guidance I tell them that the decision to divorce is a deeply personal one that will impact very aspect of their life and the lives of their immediate and extended family. My opinion is that everyone deserves to be in a healthy and mutually beneficial relationship. Marriage is hard work and even strong marriages experience bumps in the road. The question each individual contemplating a divorce must answer for themselves is: at what point do the bumps in the road become too frequent or too severe?

My role as an attorney is to advise clients of the legal consequences of their decision whether it be to remain in the marriage or proceed with a divorce. Prolonging the marriage can be a benefit to some; particularly of they are the economically dependent spouse. Deciding to end a marriage at a certain time can impact the duration of alimony, the possible obligation to contribute towards college costs of the children, and the valuation of marital assets. These economic realities are key considerations and must be considered equally with the emotional aspects of deciding to divorce.

For the emotional and personal considerations, family, friends, therapists, and religious leaders can prove to be invaluable. These individuals are either trained in dealing with the emotional aspects of divorce or at least can provide a comforting, and free, shoulder to cry on. Attorneys, in general, are not trained as counsellors or therapists; nor is it an efficient use of our time and the client’s legal fees.

The decision to divorce or not is best made using a team approach comprised of an attorney, trusted family and friends, and therapists and / or religious figures. Since all of these figures may play a role in the pre-divorce life of the client it makes sense that they be involved in the divorce process with each entity assuming their proper and productive role.