Emancipation Laws for Minors in New Jersey
- Because New Jersey doesn't have a formal emancipation statute, it's one of the most difficult states to be granted emancipation in. A child is often declared emancipated when the child marries, enters into the military, has a child or finishes college. Most New Jersey courts won't terminate child support if a child is enrolled in college. Instead, emancipation will be declared at the end of the summer, which allows the child to find employment.
- In New Jersey, emancipation can occur only when a child turns 18 years old or becomes financially independent. Many people erroneously believe that their child support ends when a child turns 18. However, a child isn't automatically emancipated when he turns 18 years old in New Jersey. New Jersey has no fixed age or specific event to declare emancipation, unless it's stated in a court order.
- To request that a child be declared emancipated, a person who pays child support must file a motion with the clerk judge. Once a family court judge enters an order and declares the child emancipated, any child support obligation will be terminated. The emancipation process takes approximately 3 to 4 months. In New Jersey, child support can accrue until the child is 26 years old. Thus if a parent ignores filing for emancipation, he will eventually be billed for back child support.
- Once emancipated, parents must relinquish their right to custody and are relieved of any financial burdens. However, a parent is legally obligated to pay child support until their child is emancipated. Once their child is 18 years old, they are no longer obligated to provide their child with financial support.
