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Emancipation

Child support is paid by the non-custodial parent until a child is emancipated. Emancipation of minors occurs when they are outside of the “sphere of influence” of the parents, yet there is no set age or emancipation law that dictates when a child becomes emancipated. Upon reaching the age of 18, or graduation from high school, whatever is later, there is a presumption in favor of legal emancipation. That presumption, however, can be rebutted by a showing that the child is enrolled as a full-time college student, has a disability, or is otherwise not able to care for themselves.

Emancipation traditionally occurs upon one of the following events: Graduation from college, entry into the armed forces, marriage, permanent residence away from the parent’s residence, or obtaining full time employment after the age of 18. A child’s residence at a boarding school, camp, or college is not deemed as a residence away from the parents and a child engaging in full time employment during the summer while attending college on a full time basis is not deemed to be full time employment.

Parties are free to define their own emancipation events in their Marital Settlement Agreements, which the Court will enforce. It is up to a party seeking to emancipate the child to file an appropriate application with the Court.

Contact a New Jersey Family Emancipation Attorney

View a list of our family law group lawyers.

Multiple locations to better serve your needs—

Princeton, NJ

993 Lenox Dr, Building 2
Lawrenceville, NJ 08648
Phone: 609.896.9060
Secondary phone: 800.535.3425
Fax: 609.896.0629
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Marlton, NJ

40 Lake Center, 401 NJ-73, Suite 130
Marlton, NJ 08053
Phone: 856.874.4443
Secondary phone: 888.241.7424
Fax: 856.874.0133
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Yardley, PA

777 Township Line Road, Suite 120
Yardley, PA 19067
Phone: 267.907.9600
Fax: 267.907.9659
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New York, NY

5 Pennsylvania Plaza 23rd Floor
New York, NY 10001
Phone: 800.535.3425
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Philadelphia, PA

The Bellevue 200 S Broad St #600
Philadelphia, PA 19102
Phone: 267.907.9600
Secondary phone: 800.535.3425
Fax: 215.564.6245
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Bridgeton, NJ

78 W Broad St
Bridgeton, NJ 08302
Phone: 856.874.4443
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