{"id":882,"date":"2012-08-22T13:01:55","date_gmt":"2012-08-22T13:01:55","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=882"},"modified":"2012-08-21T13:11:17","modified_gmt":"2012-08-21T13:11:17","slug":"child-can-request-to-be-emancipated","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=882","title":{"rendered":"Child can request to be emancipated?"},"content":{"rendered":"<p>A finding that a child is emancipated terminates the legal obligation of the parent&#8217;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 take likely and an emancipation hearing is generally initiated by the non-custodial parent.<\/p>\n<p>However, in a recently decided case of first impression, the court granted a child&#8217;s request to be emancipated.\u00a0 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 &#8220;beyond the sphere of influence&#8221; of her parents.\u00a0 As summarized by the NJ Law Journal:<\/p>\n<p>FAMILY LAW \u2014 CHILD SUPPORT<br \/>\n20-4-7418 <em>Ort v. Ort<\/em>, Ch. Div., Family Pt. \u2014 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 &#8220;child&#8221; (now adult) to independence from her parents. [Decided May 3, 2012.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A finding that a child is emancipated terminates the legal obligation of the parent&#8217;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 &hellip; <a href=\"https:\/\/thedurstfirm.com\/?p=882\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","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":[],"class_list":["post-882","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-ee","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":1348,"url":"https:\/\/thedurstfirm.com\/?p=1348","url_meta":{"origin":882,"position":0},"title":"Court issues ruling on nuanced emancipation case","author":"Sandy Durst","date":"April 15, 2015","format":false,"excerpt":"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 \"emancipated\".\u00a0 Emancipation is a factually specific analysis and subject to a great\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":882,"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":882,"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":1978,"url":"https:\/\/thedurstfirm.com\/?p=1978","url_meta":{"origin":882,"position":3},"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":1271,"url":"https:\/\/thedurstfirm.com\/?p=1271","url_meta":{"origin":882,"position":4},"title":"Do parents have to pay for college?","author":"Sandy Durst","date":"March 7, 2014","format":false,"excerpt":"In a case before for the New Jersey Family Court in Morris County and which is gaining a tremendous amount of media attention a high school senior is suing her parents seeking a contribution towards college expenses. This case raises the question as to whether or not parents in New\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":882,"position":5},"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":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/882","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=882"}],"version-history":[{"count":1,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/882\/revisions"}],"predecessor-version":[{"id":883,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/882\/revisions\/883"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=882"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=882"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=882"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}