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Loren
Loren, Lawyer
Category: Family Law
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I pay child support for my 20 yr. old daughter who resides

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I pay child support for my 20 yr. old daughter who resides in New York (I reside in New Jersey). She turns 21 in November. My daughter recently obtained an associates degree and has recently started a program for a 2nd Assoc. degree. She was working and maintaining an apartment with her boyfriend while in college.
Her mother asked her to quit her job and move back to her house with her boyfriend (she did so) and afterwards informed my daughter she now has to pay her own car insurance this placed financial pressure on my daughter resulting in panic attacks. (A doctor prescribed stress meds)
I have been making my daughters car payments and the mother verbally agreed to pay the insurance.
How long do I have to pay child support for her?... because If I can end it I would be able to help my daughter and her boyfriend get their own place again until she graduates.
Submitted: 4 years ago.
Category: Family Law
Expert:  Loren replied 4 years ago.
Child support terminates upon emancipation of the child, unless otherwise ordered. Various cases state that there is no fixed age upon which emancipation automatically occurs and each case is fact-specific. E.g., Newburgh v. Arrigo, 88 N.J. 529 (1982);
Filippone v. Lee, 304 N.J. Super. 301 (App. Div. 1997). N.J.S.A. 9:17B-3, however, provides that a person is “deemed to be an adult” upon reaching the age of eighteen. Accordingly, a moving party establishes a prima facie case of emancipation upon demonstrating that a child has reached the age of eighteen, and the burden of proof then shifts to the responding party to demonstrate a continuing need for financial support. Rescinito v. Panetta, 2009 WL(NNN) NNN-NNNNat *2 (N.J.Super.A.D. Aug. 20, 2009).
The burden to demonstrate a continuing need for parental financial contribution is satisfied by showing that a child is still in high school, a child is enrolled in college, a health condition prevents a child from being self-sufficient or other similar situations as recognized by case law authority. Upon making such a demonstration, the burden of proof shifts back to the moving party, who at this stage can raise genuine issues of material fact as to the bona fides of the need for parental contribution, necessitating the scheduling of a plenary hearing.

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