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.