In a Decision – Tektas v. Covino, (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that the parties’ Divorce Agreement provisions regarding emancipation were unenforceable, as parents could not bargain away their children’s right to support.
A Consent Order required the parties to equally share their younger son’s college costs, allowed defendant full participation in the college selection process, and full access to his enrollment and financial aid packages, and provided that the son’s failure to maintain a 2.5 GPA would be prima facie evidence for emancipation. The parental duty to support a child may not be waived or terminated by a Consent Order.
Here, the provision in the consent order for "prima facie consent" to the emancipation of Brandon and termination of child support obligations upon failure to abide by the terms of the agreement is unenforceable. Further, because Husband's emancipation argument relied solely on Wife's alleged failure to comply with the terms of the Consent Order, without addressing any of the Newburgh factors for determining emancipation, the trial court properly determined that Husband failed to make a prima facie showing of emancipation. Moreover, the undisputed facts show that the child was still living with Wife, supported by her, and attending college full-time. Hence, Husband did not make out a prima facie case that the child had moved beyond Wife’s sphere of influence and responsibility.