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Emancipation of college student who is suspended for low GPA

Montclair, NJ |

I got a copy of my 20 years old's college transcript. He has taken only two semesters of college -- less than 10 credits each semester and has a 1.4 GPA. According to the college website he is now suspended. If I apply to have him emancipated for child support purposes, what are my chances of success? I'm sure he/his Mother will claim that once he's allowed back he wants to try again. Will the courts allow this when he has made no effort in HS or College? It took him 5 years to complete non-academic track HS.

Attorney Answers 1


I think you probably have a good shot at success. In fact, in my experience with emancipation motions (25 years so far), where a kid is failing in college, there's usually other evidence of his unproductive lifestyle. As you may know, the judge will be considering whether the child is now "outside the sphere of influence of his parents." In other words, is he acting independently, doing his own things, making his own life decisions (if even bad ones)? Or is a homebody, who still lives with your ex, and who relies on her support? If you can show that he's emancipated both in terms of his "independent" behavior AND in terms of his failure to pursuit of college, your chances will be stronger.

Feel free to call me if you'd like help with this. We have offices in Roseland, Newark and Short Hills.

Mark S. Guralnick, Esq.
Certified Family Law Attorney
(973) 682-9999

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