Full question:
My nephew lives in nj and was kicked out of his house. by his step-mother and father his father called me to pick him up because he stated that he had to get out of her house. I went to pick him up but what do I do legally because he is in the 11th grade and will turn 18 in three days. Is his father responsible to take care of him finacially because he is still in school?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: New Jersey
Answer:
A child in New Jersey becomes emancipated when he turns 18. A parent will generally no longer have a duty of custody and support once the child turns 18. However, it is possible that the parent's duty of support is extended beyond the age of 18 in a divorce decree. I suggest reading the terms of any applicable divorce decree to determine applicabilty.
In some states, it is possible for the court to order support past the age of majority. It is typically referred to as post-majority support. If a court determines it appropriate for parents to contribute to a child's post-secondary education, the family court judge may terminate any existing child support order and replace it with an order requiring the parents to contribute to the child's education expenses. By law, these expenses include college or vocational school tuition, books, and fees. Orders may also include payment for health insurance or medical expenses.
Most states do not require support beyond the statutory age of majority, but they will enforce an agreement between the parents that obligates one or both parents to provide it. Typically, the agreement to pay post-majority support is not subject to modification, nor is it a basis for deviation from guidelines. New Jersey leaves the decision to continue support beyond the emancipation age to the discretion of the judge, who reviews the need and capacity of the child for education, including higher education. The answer will depend on the terms of the divorce order and all the facts and circumstances involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
