I live in the State of NJ.and have 3 kids.
My child support
agreement states my ex must pay for the child until he is emancipated, emancipation
according to current case law, at the completion of a college or trade school.
My ex paid child support support for the older 2 until they were 24, which is when they graduated college.
The last one, is 22, special needs, has an IEP and blind in one eye. He attends community college, and has had problems, getting though. Two semeters he tried to take 12 to 15 credits,but had to drop a class to 9 credits, because he could not handle it. I just got him into the Specials Service Dept which determined HE does in fact have special needs and will now help him.
My Ex filed a motion to emancipate him NOW since he is not going FULL time .
I cross motioned that he is Special needs, is doing the best he can, and should NOt be emacipated. I found case law to help me.
Do you think a judge will emancipate a special needs student currently in college, just because he fell behind?