The Parties' Own Knowing Agreement, Absent Fraud, Prevails In Emancipation

In Longer v. Nace, Robert Nace sought to emancipate the parties’ daughter, as the parties’ separation agreement entered at the time of their divorce, defined emancipation as attaining the age of 18 years or completing college. Plaintiff, Nina Longer, opposed the motion based on N.J.S.A. 2A:17-56.67 providing for child support until the age of 23 years. The daughter was enrolled full-time in a master’s degree program and living at home at the time. Plaintiff was not seeking contribution to the daughter’s tuition, only that child support continue. Under Newburgh v. Arrigo, 88 N.J. 529 (1982) the court denied the motion for emancipation. Robert Nace and Nina Longer divorced in 2002 with a property settlement agreement after eleven years of marriage. The children were ten and seven at the time of the divorce. The parties agreed to share equally the cost of all post-secondary education for the children. The parties further agreed that child support would terminate upon each child’s attaining the age of 18 years or completing college, the last of which occurs. The parties shared the costs of college for the children and the Defendant moved to emancipate the daughter upon her completing college, in accordance with the property settlement agreement. On appeal, the appellate division determined that the court below failed to properly apply Newburgh, which is to be applied only when tuition for the child is being sought and that the court should have enforced the property settlement agreement that the parties knowingly and voluntarily entered into which, on its face did not have any appearance of impropriety and therefore reversed the decision of the trial court with regard to the motion. If you are interested in emancipating a minor or preventing a minor from being emancipated early, visit DarlingFirm.com or call 973-584-6200 now to schedule a consultation. This blog is for informational purposes and not intended to replace the advice of counsel.