Tuesday, November 13, 2012
Emancipation Event May Be Defined By Parties
A father’s motion to emancipate his son was remanded to the trial court for a hearing as to the parties’ intent. The New Jersey Appellate Court held that the parties could define an emancipation event and each party’s intent at the time the agreement was formed required consideration by the trial judge. The Appellate Court further held that, in considering this emancipation request of a 19 year old taking only one class at Bergen Community College and estranged from the father seeking the emancipation, the Family Part Judge could not interpret the parties’ Marital Settlement Agreement without a plenary hearing. The Appellate Division set forth the factors the trial court must way in making a decision as to whether continuing child support at the agreed upon, or existing, level is equitable. The factors include whether any change in income is permanent or temporary, whether any reduction of income on the part of either party is in bad faith, whether any change in income was voluntary and the obligor's ability to pay at the time of the motion for reduction. If you are seeking or fighting a change in child support, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.