MY SON LIVES WITH ME ALL THE TIME, AND MY DAUGHTER LIVES OUT OF STATE. I AM STILL PAYING SUPPORT ON BOTH.
Family Law Attorney
File a motion to emancipate your children and cease child support. You should contact an attorney regarding your 26 year old and when that child finished schooling.
You need an Order confirming that your children are demed emanciipated and that the child support obligation has been terminated. The termination date can be retroactive set back to the date that your daughter should have been deemed emancipated. Such an Order can be a Consent Order if the other party will cooperate. Otherwise, you should immediately file a Motion with the court seeking such relief.
Kenneth A. White, Esq.
New Jersey Family Law Attoney
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.
Criminal Defense Attorney
I agree with my colleagues. Have a motion prepared arguing that your adult children are emancipated. It can be a bit complex so I would advise speaking to an attorney about helping you prepare the necessary documents. If the other party who is receiving child support is contesting this matter then you would really need an attorney at that point to help you prepare your argument in favor of emancipation of your adult children. Good luck with your case.
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.
I also agree with the responses above. You need to file an application to the court to get an order of emancipation of the children and, in turn, terminate your child support. You should consult with an attorney because the procedure of motion practice can be confusing and you need to know the law should your ex spouse object to your application.
You need to file a Motion with the Superior Court in the county that has jurisdiction over your divorce and subsequent child support/custody matters. If you do not know which court has that jurisdiction, it should be the county you lived in when the children and your ex-spouse lived in your home.
You should retain counsel to assist you in preparing this Motion and to argue it on your behalf. If you wish to contact my office regarding this matter, I would be happy to discuss the matter in detail with you.
(In the event you were never married, please excuse the assumption.)
The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.