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When Is a Child Legally Emancipated?

If you and your spouse divorce while your child is still of minor age, then the New Jersey family court may order you to meet monthly child support obligations. But as your child grows into maturity, you may question whether your support order will be lessened or dismissed anytime soon. Well, this order may be intrinsically linked to whether or not your child is declared legally emancipated. Follow along to find out when a child is considered to be legally emancipated and how one of the proficient Somerset County child support lawyers at the Law Offices of Kisha M. Hebbon, LLC can help you understand what this means for your child support order.

When is a child legally emancipated in the state of New Jersey?

By definition, legal emancipation allows a minor child to become independent of their parents or guardians before reaching the age of maturity. In the state of New Jersey, the age of maturity is considered to be 18. Such independence means that a child may now financially support or make decisions for themself that work in their best interest.

Contrary to what you may initially assume, your child may not be automatically emancipated when they turn the age of 18 or when they graduate from high school. Rather, the New Jersey family court may order child support past the age of 23 if they find it necessary. This is because New Jersey law holds that being eligible for emancipation means a child can function without their parents’ support or influence. For example, a child cannot and should not be emancipated if they wish to pursue a higher education after turning 18 or graduating high school.

That said, valid grounds for legal emancipation are if a child moves out of their parents’ home, works a full-time job, graduates from higher education, or has a child themself. Further, what may constitute an automatic legal emancipation is if a child enlists in the military or gets married.

How does legal emancipation affect child support orders in New Jersey?

After reading this, you may believe that your child is living under certain conditions that allow them to become legally emancipated in the state of New Jersey. In this case, you may file a motion with the New Jersey family court and petition for your child support order to be modified or terminated.

With this, though, you must understand the legal emancipation of one child may not lessen the amount you pay in child support each month for your other minor children. Plus, legal emancipation may not mean you are free from your responsibility toward unpaid child support payments.

If you are looking for more clarity on the matter, please allow one of the talented Somerset County family lawyers to offer it to you. Schedule an appointment with the Law Offices of Kisha M. Hebbon, LLC today.

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