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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26578
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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nj child support

Resolved Question:

I NEED AN AFFORDABLE LWYER WHO CAN HELP ME WITH A FAMILY COURT MATTER IN ATLANTIC CITY NJ


My husband was taken to court in June by his daughters mother to make him pay for her Masters degree college tuition. We went to court and the judge was inclined to deny the daughter's mothers request until she mentioned that the circumstances were the same as ross vs ross. We cannot find any info on this case for comparison. the judge stated that the ross vs ross was a unique case and needed time to review. we just received a letter stating to provide financial income in order for the judge to make a decision. we cannot afford to continue paying for the daughters college degree as we have 2 others who will be entering college and we have already paid for the daughters bachelors degree. we need to be clear on the laws in nj and we need a reasonable lwayer for atlantic county nj.

Submitted: 1 year ago.
Category: Family Law
Expert:  Wendy-Mod replied 1 year ago.
I am sorry, but because this site is independent and wants to maintain its integrity in providing honest, unbiased information to customers, professionals cannot represent anyone from this site or make personal referrals.

To find a lawyer, please contact your State Bar Association's Legal Referral Service at http://apps.americanbar.org/legalservices/lris/directory/ This is the same place where lawyers themselves go when they need to consult with an attorney from another state.

If you'd like any other information from our legal professionals, please let me know and I will search for one for you. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 1 year ago.

Ok thanks


I provided details regarding the case. Please advise on what the outcome might be.

Customer: replied 1 year ago.
Relist: Inaccurate answer.
Expert:  Wendy-Mod replied 1 year ago.
Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Are you still seeking assistance with this question? If so, I'll be glad to assist. Just let me know.

Thanks.
Customer: replied 1 year ago.

Yes Kirk


 


Please assist.


 


Thank you


 


Cecile Brown

Expert:  Roger replied 1 year ago.
The Ross v. Ross, 400 A.2d 1233 (NJ Superior Ct. 1979) is outlined below:

Plaintiff mother moved to compel defendant father to continue support payments until their child completed law school. The court found that the child was not considered emancipated until such time as her law school training ended, either through voluntary or involuntary withdrawal or upon graduation. Defendant's obligation to pay child support maintained through that law school period. The court also found that defendant's obligation for support, which normally would have continued right through the child's college graduation, was retroactive as to the time in which the child's law school training probably got under way.

The court held that defendant father was responsible to continue paying support payments to plaintiff mother for the law school education of their daughter until the law school training ended. The applied the order retroactively and held that the obligation started when the child's law school training got underway.

The relevant LEGAL THEORIES/RULES OF LAW from this case are:

1. There is no age fixed in the law when a child becomes emancipated.

2. The various factors that have to be considered in determining whether or not child support should be continued are the amount of support or school cost sought; the ability of the noncustodial parent to pay that cost, and its relation to the type of schooling sought; the financial position of the custodial parent; the commitment and aptitude of the child to the schooling in question; the child's relationship to the noncustodial paying parent; the relationship of the schooling in question to any prior training and, generally, the relationship to the overall, long-range goals of the child.

This is the standard that the other side is likely arguing as to why support should be continued.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26578
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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