{"id":1348,"date":"2015-04-15T08:23:33","date_gmt":"2015-04-15T12:23:33","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=1348"},"modified":"2015-04-15T08:23:33","modified_gmt":"2015-04-15T12:23:33","slug":"court-issues-ruling-on-nuanced-emancipation-case","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=1348","title":{"rendered":"Court issues ruling on nuanced emancipation case"},"content":{"rendered":"<p>Unlike some states, NJ does not have a predetermined age for a child that would allow the end of child support.\u00a0 Financial obligations for a child end in NJ when it has been determined that the child is &#8220;emancipated&#8221;.\u00a0 Emancipation is a factually specific analysis and subject to a great deal of interpretation.\u00a0 In a recent case that has been approved for publication (meaning it now has precedential value for future cases), the NJ Supreme Court has issued an ruling that brings context to one of the many variables that may be present in a particular case.<\/p>\n<p><span style=\"color: #000000;\"><strong><span style=\"font-family: 'Verdana',sans-serif; font-size: 13.5pt;\">FAMILY LAW<\/span><\/strong><br \/>\n<span style=\"font-size: small;\"><span style=\"font-family: Verdana;\"> 20-2-6451 <\/span><em><span style=\"font-family: 'Verdana',sans-serif;\">Llewelyn v. Shewchuk, <\/span><\/em><span style=\"font-family: Verdana;\">App. Div. (Rothstadt, J.A.D.) (14 pp.) In this case, we consider whether an adult child made a sufficient showing that she is not emancipated and entitled to continued support from her father, who had adopted her at an early age and later became divorced from her mother. The daughter voluntarily left her mother&#8217;s home at the age of twenty to live with her biological father, obtained part-time employment, sporadically attended school and arranged for her support in reliance upon the financial relationship she entered into with her biological father and his wife, who were under no obligation to support the daughter. We reject the daughter&#8217;s argument she is not emancipated and that she has not moved beyond her parents&#8217; sphere of influence or responsibility or obtained an independent status of her own. While we recognize a child&#8217;s right to pursue support from a parent, even if the child no longer resides with either, we affirm the Family Part&#8217;s order, granting the father&#8217;s motion to terminate child support because his adult daughter was emancipated. [Decided April 13, 2015] [Approved for publication.]<\/span><\/span><\/span><\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Unlike some states, NJ does not have a predetermined age for a child that would allow the end of child support.\u00a0 Financial obligations for a child end in NJ when it has been determined that the child is &#8220;emancipated&#8221;.\u00a0 Emancipation &hellip; <a href=\"https:\/\/thedurstfirm.com\/?p=1348\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[28],"tags":[38,29,47],"class_list":["post-1348","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news","tag-child-support","tag-divorce","tag-nj"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-lK","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":882,"url":"https:\/\/thedurstfirm.com\/?p=882","url_meta":{"origin":1348,"position":0},"title":"Child can request to be emancipated?","author":"Sandy Durst","date":"August 22, 2012","format":false,"excerpt":"A finding that a child is emancipated terminates the legal obligation of the parent's to provide financial support to the child.\u00a0 Child support obligations end once a child is declared emancipated.\u00a0 Given the financial ramifications of deciding that a child is emancipated, it is a decision the courts do not\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1232,"url":"https:\/\/thedurstfirm.com\/?p=1232","url_meta":{"origin":1348,"position":1},"title":"NJ Senate Judiciary committee approves bill granting judges more discretion in child support cases.","author":"Sandy Durst","date":"December 17, 2013","format":false,"excerpt":"\u00a0 As children grow older, the issue of when they may be deemed emancipated arises.\u00a0 Emancipation is important because once found to be emancipated, parents have no legal duty to financially support the child. Bill Giving Judges More Discretion In Child Support Contests Advances The New Jersey Senate Judiciary Committee\u2026","rel":"","context":"In &quot;Durst on Divorce&quot;","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1172,"url":"https:\/\/thedurstfirm.com\/?p=1172","url_meta":{"origin":1348,"position":2},"title":"The Role of Special Needs Trusts in Divorce cases","author":"Sandy Durst","date":"August 29, 2013","format":false,"excerpt":"It is well settled that in a divorce, both parents have an obligation to support a child until he or she becomes emancipated.\u00a0 The case summarized below the NJ Supreme Court was presented with a fact pattern that included an adult child who might never be emancipated do to autism\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1196,"url":"https:\/\/thedurstfirm.com\/?p=1196","url_meta":{"origin":1348,"position":3},"title":"Does child support get reduced when a child moves away to attend college? Maybe.","author":"Sandy Durst","date":"October 8, 2013","format":false,"excerpt":"Under NJ law, divorce parents have an obligation to financially support the children of the marriage until they are emancipated.\u00a0 There is no age at which a child will automatically be declared emancipated and each case needs to be evaluated and decided on an individualized basis.\u00a0 However, the general rule\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1978,"url":"https:\/\/thedurstfirm.com\/?p=1978","url_meta":{"origin":1348,"position":4},"title":"My child just turned 18. Can I stop paying child support?","author":"Sandy Durst","date":"January 15, 2016","format":false,"excerpt":"This yeezy boost 350 Oxford Tan price it's time adidas shoes to promote audacious swagger, club bangers, and pulsating bass. This can be adidas yeezy 2016 a no-holds-barred bonanza of pomp adidas yeezy boost 350 price and material. Common, and T.I.'s authoritative tracks adidas yeezy for sale will http:\/\/www.angcamgy.com\/tan-350.html command\u2026","rel":"","context":"In &quot;Durst on Divorce&quot;","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1281,"url":"https:\/\/thedurstfirm.com\/?p=1281","url_meta":{"origin":1348,"position":5},"title":"Proposed Bill would automatically terminate child support in NJ at age 19","author":"Sandy Durst","date":"March 18, 2014","format":false,"excerpt":"Coming on the heels of the well publicized Canning case in which a high school student sued her parents (who were still married and not divorce or divorcing) for financial support, a proposed bill in the NL legislature would end child support once a child reaches the age of 19.\u00a0\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1348","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1348"}],"version-history":[{"count":1,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1348\/revisions"}],"predecessor-version":[{"id":1349,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1348\/revisions\/1349"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1348"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1348"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1348"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}