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CIS and emancipation motion.

Brick, NJ |

Do I have to fill out a CIS when I file for a motion to emancipate my 21 years old son? I would still have to pay child support for my daughter who is in collage at this time. Thanks for any help.

Attorney Answers 3


A Case Information Statement must be filed if you are asking the court to set (or recalculate) a support obligation or to rule upon an application for attorney fees. If the only issue before the court is "emancipation" you would not be required to file a Case Information Statement.

However, I would anticipate that your current child support obligation is set for two (2) children, and with the emancipation of your son you would be asking for any child support obligation you may have owed on his behalf to be terminated and for the court to therefore recalcuate your child support obligation for the one (1) remaining child. Under such circumstances you would be required to file a Case Information Statement.

Kenneth A. White, Esq.

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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Yes because your motion may cause a recalculation of child support for your daughter or reconfiguration of payment of her college expenses.

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

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For motions for emancipation you do not need to file a CIS; however the court may re-calculate your support obligation and require you to file one at a later time.

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