When dealing with child custody and child support modifications a question of emancipation may rise. There are many different situations in which a child is to be considered emancipated. Emancipation can occur when the child reaches the age of majority (19 years old) without the intention of immediate attendance at college or a trade school. It can also occur once there is completion of college or trade school, once the child marries, death of a child, entry into the military, permanent residence away from parents, and/or once the child reaches the age of 23.
Once emancipation occurs the custodial parent is no longer entitled to child support from the noncustodial parent. Emancipation is not automatic so it takes one of the parties to file a motion asking to terminate child support and emancipating the child, unless the custodial party will agree and consent to the emancipation. While emancipation can seem complex, having attorneys who care and provide the needed support and assistance can make all the difference. Contact Tomasella and Vacca, L.L.C for a consultation if you have any questions regarding emancipation that requires the expertise of our Hackensack family law attorneys.