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This is a follow up to the 20 year old son who now lives with me. I did go to court and filed a motion for emancipation.
Somerville, NJ
Viewed 11 times.
Posted 3 months ago in Litigation
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I was pro se and the judge ruled against me saying that I still had to pay child support to his mother, even though he resides with me full time. Now, I do not pay for my son's college, yet that should not even be an issue, am I correct? How can the courts award her child support when she was the custodial parent and now deny me emancipation and order me to continue to pay child support with out any regard to the same expenses I am now incurring? Do you feel I should appeal this decision? How is the courts decision fair and equitable?
Answers (1)
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted about 1 month ago.
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What does his child support order state as to when child support is to end? Did you agree to continue to pay child support through the completion of high school (or maybe even college) in the settlement agreement which would have become a part of your final judgment and decree of divorce? Did you negotiate a different result if your child began living with you full time?
Some judges consider it important to enforce any promise that education goes on until the "child" reaches a certain number of years of age or completes high school. Is your son still in high school? Your post leaves a lot of unaddressed matters necessary to make any further valid observation. I hope you have observed how far disadvantaged you are by proceeding pro se without a lawyer. Check with a lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. 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. |
