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"Beyond the sphere of influence"

Cranford, NJ |

What exactly does that phrase mean? If a kid stills lives at home, constantly seeks advise from their parent, can't support themselves, etc. Are they under the sphere of influence? Does the definition vary by judge?

Attorney Answers 4

Posted

There is no cookie cutter one size fits all definition to answer your question. It is based on the totality of the circumstances of each particular case. This often appears in emancipation cases where one party wants to emancipate their adult child and in doing so be relieved of the responsibility of paying child support and the other party wants to avoid a finding of emancipation. You're going to want to discuss this in person with a family law attorney at a consultation for further clarification as it pertains to your particular situation.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented. Also, please be advised that any response to any comments made by the asker do not create an attonrey client relationship.

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Posted

Mr. Skiendziul has provided you with an excellent resonse, i.e. there is no "one size fits all answer." Basically, the question the court would seek to answer was whether the child is still dependent on his/her parents.

Kenneth A. White, Esq.
New Jersey Divorce Attorney
732-189-9100

The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.

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Posted

This definition is very fact specific as the other two lawyers explained.

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Posted

While there is a degree of "art" to the question, there are presumptions in the law which control whether a child should be considered emancipated. First, at age 18 a child is presumed to be emancipated - the parent seeking to continue support has the legal burden of showing that support is still warranted under the law. This is accomplished primarily be showing that the child is a full time student or is disabled. Absent either of these, a judge can't say "well, he lives at home and seeks advice..." The Appellate Division has reversed several decisions to the contrary.

IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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