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Manalapan, NJ Family Law & Divorce Law Blog

Sunday, September 10, 2017

Emancipation – Divorce Agreement Does Not Control / Graduate School

In a  Decision – Conte v. Ainsworth (an "Unreported Decision") >>   the Court Held:

 

The Appellate  Division concluded that the right to child support belonged to the child, not the parent, and cannot be waived by an agreement between the parents. The trial court was obligated to examine whether the child was in fact emancipated and, if the child was found unemancipated, calculate the amount of support she needed and each parent’s obligation toward that end. Further, there must be an examination of whether either parent was obligated to contribute toward the cost of the child’s higher education, after taking into consideration the factors set forth in Newburgh v. Arrigo, 88 N.J. 529 (1982)..

The parent had agreed to pay child support until the child was deemed emancipated. Emancipation was defined in the agreement to include, among other things, upon completion of college. One month after the daughter graduated from college, father unilaterally reduced his child support obligation and moved to emancipate the child..


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© Allan Weinberg, Esq. | Disclaimer
200 Highway 9, Suite 400, Manalapan, NJ 07726 | Phone: 732-806-5529
Family Law | Divorce Mediation | Divorce | Paternity | Domestic Violence | Adoption | Child Support | Stepparent Adoptions | Alimony | Child Custody | Municipal Court | Boutique Legal Services | About Us | Social Conscience

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