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Child support and emancipation

Emancipation (meaning a child has become a legal adult) will often end any child support obligations -- unless there are special circumstances involved.

Anthony J Van Zwaren | May 31, 2017

Changes in NJ Law regarding emancipation of children and termination of child support

How the law has changed for emancipation New Jersey has recently changed its conditions for emancipation of a minor to make it less of a matter of discretion for the deciding judge when deciding whether or not to terminate child support obligations when a child reaches eighteen years of age. Prior to the law being amended in January 2016, the emancipation of a child would occur under when a child reached age 18 unless certain conditions applied such as a child becoming financially independent. Howevcr, under earlier law, there was no automatic emancipation of a child at the age of majority, it was always left up to a judge's discretion. Emancipation could be extended beyond age 18 for a number of reason. First and foremost, is if there is a matrimonial settlement agreement or court order that extends the time of a child to receive child support. If a child is suffering under a disability that prevents that child from being self-sufficient, that could potentially defer the ending of child support obligations indefinitely. Likewise, if a child attends a college or vocational school, the child would still be entitled to child support. However, if a child is enrolled in a military academy like West Point or Annapolis, the child is deemed to have entered active military service and thus is considered emancipated. Bishop v Bishop, 287 N.J. 593 (1995). Depending upon family circumstances, this can even extend to graduate school. When does emancipation occur? Termination of child support could occur by changed circumstances. These can include a child's death, marriage, termination of the parent's parental rights, or entry into the military. It may also occur if a child graduates high school but does not continue school beyond high school. The child must no longer be depending upon the parents for support. Filipone v. Lee, 304 N.J. Super. 301 (App. Div. 1997). How has the law changed? Under the new statute N.J.S.A. 2A:17-56.67, a number of changes occurred as of January 2016. Prior to the change many property or marital settlement agreements provided that child support was capped at age 23 whereas now, emancipation operates by matter of law at age 23. Similarly, termination of child support is to occur automatically when the child marries, enters military service or dies or reaches age 19 unless exceptions occurred which included the above-mentioned conditions like school, disability, or out-of-home placement through the Division of Child Protection and Permanency. Probably the most significant change is that the emancipation should be automatic unless there is a reason not to emancipate the child. The new statute provides that child support terminates by operation of law rather than by filing of a motion to emancipate or end child support by reason of changed circumstances. When Probation is involved, they are supposed to provide notices to parents of the proposed termination of child support when the child has reached the age of 23 which is the new cap when child support is to terminate. This notice is to be provided at least 180 days prior to the proposed termination date and then again at least 90 days prior to that date. In fact, Probation is supposed to cooperate with both parents by other means

Molly B. Kenny | Oct 18, 2015

How long does a parent have to pay child support in Washington state?

When do child support payments in Washington typically end? Normally, how long a parent has to pay child support in Washington state is until the child reaches 18 years of age, or graduates from high school. There are other extraordinary situations in which child support payments may end prematurely. For instance, if the child marries or dies, child support payments are effectively terminated. Circumstances That Call for Extension of Child Support In a typical case, your child support payments will continue until the child reaches the age of 18. However, in some cases, you may have to pay child support even after the child turns 18 years of age. For instance, if the child suffers from a disability, and requires long-term attention or medical care, a court may order that child support payments continue even after the child turns 18 years of age. Circumstances That Call for a Quicker Termination of Child Support Payments If a child has not turned 18 years of age of age, but has gotten married, then s/he's not considered eligible for child support payments. You can easily and immediately stop child support payments legally. There are other circumstances that may make it difficult for you to pay child support payments. For instance if you lose your job, or have suffered any other kind of financial distress that make it difficult for you to continue to make child support payments, then you can ask the court to modify your child support order to lower these payments. Such modifications are not easy to get, however. You will have to provide the court with strong evidence that clearly establishes that you need lowering of child support because you are unable to make the same amount of payments. Will my remarriage affect child support payments? When you remarry, it has no impact on the child support payments that you are required to make. If you have children from your new remarriage, it will not automatically lead to a modification of the child support obligations you have to the children from the earlier marriage. However, a court may consider your request to reduce child support payments, because you now have another family to take care of financially as well.

Daniel P. Hilf | Apr 23, 2012

Circuit Court

Circuit Courts in Michigan have jurisdiction over the following types of matters under state law: 1.Arraignments for criminal high misdemeanor and felony cases. A Circuit Court Judge has the power to modify or revoke an existing bond when warranted. 2.Criminal high misdemeanor court proceedings including pleas and trials in which the maximum punishment is greater than 1 year in the county jail, Sentencing when a conviction is entered through a plea or at the conclusion of a trial. 3.Criminal felony court proceedings pleas and trials. Sentencing when a conviction is entered through a plea or at the conclusion of a trial. 4.Civil lawsuits in which the amount is greater than $25,000; 5.The familiy division of the Circuit Court has exclusive jurisdiction over all family cases and Domestic Relations Cases such as divorce, paternity actions, parenting time, child custody, child support, name changes, juvenile proceedings such as parental rights (for neglect and/or abuse) and delinquency, emancipation of minors, parental consent, personal protection orders, and adoptions. The family division also has ancillary jurisdiction of guardianships, conservatorships, proceedings involving the mentally ill, and developmentally disabled individual proceedings. 6.Appeals of District Court proceedings, and appeals of some administrative agencies; 7.All The Circuit Court has superintending control over other courts within the circuit, subject to final superintending powers of the Michigan Supreme Court. Superintending control is basically the legal power of the Circuit Court to direct a lower Court or an administrative agency to do a certain action. The Circuit Court has the power to issue warrants; subpoena witnesses; and require the production of books, papers, records, documents, and other evidence; and to punish for contempt of Court. The Circuit Court may provide for pleadings and motions; issue process and subpoenas; compel the attendance and testimony of witnesses; enter and set aside defaults and default judgments; allow amendments to pleadings, process, motions, and orders; order adjournments and continuances; appoint attorneys to represent indigent persons accused of felonies; make and enforce writs and orders; and do all other things necessary to hear and determine matters within the jurisdiction of the Circuit Court as provided by law. Venue for criminal cases exists in the county in which the crime allegedly occurred (or in some instances within a mile of the border of the county). For criminal offenses that allegedly occur on the border between two different jurisdictions, Prosecution in both is allowable subject to double jeopardy considerations. If the criminal offense occurred in a motor vehicle, jurisdiction is proper wherever the vehicle passed in its journey. Civil lawsuits generally are filed in the county where the cause of action arose, but it is always wise to consult with an attorney as to where venue might be appropriate for a cause of action relating to you. To file a divorce case, the Plaintiff must be a resident of the county for 10 days, and the state of Michigan for 6 months. Juvenile neglect, abuse, and delinquency proceedings usually occur in the county in which the child or children reside. Personal protection orders can be filed in any county. For any legal matter involving the Circuit Court is is hightly recommended that you consult with and/or retain an experienced lawyer before proceeding. Sometimes in life you only have 1 opportunty to reach the right result. Hiring the right lawyer may be one of the most important decisions you make for yourself and your family. There are many lawyers who claim to do more than what they are able - just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at ** Hilf & Hilf, PLC** – only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right.