Wednesday, July 25, 2012
Undoing an Emancipation in NJ
In New Jersey, an emancipation may be reversed on certain grounds. One is a previously emancipated child becoming seriously disabled prior to attaining the age of majority. Another, discussed here, is a child returning to college on a full-time basis. In Azimi v. McVeigh-Azimi, a child was fully emancipated by the Order of Passaic County Judge Ronny Jo Siegal. In October 2010 the child was declared emancipated without objection from the mother. On January 21, 2011, Judge Siegal declared the child unemancipated citing evidence presented by the mother the child was then attending college full time. The mother was seeking reinstatement of child support with an increase, health and life insurance and college tuition. On appeal, the Court held a hearing should be conducted considering certain factors including the reasonableness of the child's expectation for higher education paid for by the parents, the parent's ability to pay; the financial resources of the child; commitment by the child to the education sought and the child's relationship to the paying parent. In the event the weight of this evidence supports the Court's findings, a previously emancipated child may be unemancipated. For more information on emancipation or other family law issues visit HeatherDarlingLawyer.com.