Friday, June 22, 2012

In New Jersey, can a child be UN - emancipated?

The answer: Yes - in some circumstances.

In a June 20, 2012, in a decision not approved for publication (which means it cannot be cited for precedential value, but it can give us guidance as to the court's thinking, the Superior Court, Appellate Division, of New Jersey explained that a child can, in fact, be unemancipated.

In Azimi v. McVeigh-Azimi, a Father petitioned to have his daughter emancipated after she graduated from high school.  Mother did not object and the petition was granted.  Mother did not appeal.  Later, Mother filed a motion requesting that Father's support be paid through wage attachment and that Father contribute to the daughter's college education. From the dates on the petitions, it is possible that Mother ignored Father's petition to have the daughter emancipated and simply filed her own petition.

The trial court, without a hearing, "unemancipated" the child, increased Father's child support and directed that a full hearing be conducted on the request for contribution to college.  Father appealed.  The Appellate Court noted that a child can indeed be "unemancipated" to receive support in the form of college contribution.  The Appellate Court remanded the entire case back to the trial court to conduct a full hearing on all of the issues, including the child support.

So -- just because a New Jersey court declares your child emancipated - you may not be off the hook.  The child's custodial parent could later ask the court to undo that emancipation, depending on the circumstances.


1 comment:

Anonymous said...

My, my ,my. Does the woman always prvail?

I just learned( without any prior knowledge) That my former wife emancipated my oldest son ( now 23) three years ago. I have been paying child support all that time. No help of any notification of any knid, from the Toms River child Support Office.

Ok can someone help me here with the answer to prvail on this case?