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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27621
Experience:  Attorney with experience in family law.
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I live in the State of NJ.and have 3 kids. My child support

Customer Question

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?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
There are various ways that a child can become emancipated, but having a disability is not one of them. It's more likely, under the circumstances, that a judge would EXTEND child support while your son is unable to work to support himself or go to school full time than terminate it entirely.
Usually, emancipation is appropriate when the child moves out of the parent's home, gets a job, and is working to support himself rather than going to school; gets married; or enlists in the military. None of those things have happened here.
It's important that you are 100% satisfied with my courtesy and professionalism. If you are on a mobile device, you may need to scroll to the right to view the ratings. There is no charge for follow-up questions. Thank you.
Customer: replied 1 year ago.
thank you Lucy.
I am not sure you understood the question. My EX is the one who wants to emancipate our 22 year old son who has a disability due to the REASONs he believes our son has NOT attended EACH semester as a full time student, EARNING 12 credits per semester.
His motion states he only earned 6 credits per semester to date.
I countered stating our son DID take 12 to 15 credits, which is what we both paid for. However he dropped two courses int he past 2 years and did not do well.
This year, I was able to get him Classified with the Special Service division of the college and they will ONLY alllow him to take 9 credits in the coming semester due to his learning disability.
My argument is that he IS classified, so there fore does not fall into the same mold as other children. He needs more support and time. I found case law the Special Needs children cannot be emancipated AT all with current emancipation laws set in place in NJ
Do you have access in current law in NJ which can further strengthen my position?
My oral argument is August 4. I am pro se. Thanks.
Expert:  Lucy, Esq. replied 1 year ago.
I understand the question perfectly. I was trying to explain WHEN a person can be emancipated to show you that this situation IS NOT one of them.
A judge should not emancipate a special needs child who is living at home and cannot work to support himself or herself.