Update
So dh has begun the process of emancipating his soon to be 22 year old daughter , who becomes a college grad in a few months. As I expected, her mother failed to respond to our lawyer's request for her to put in writing that she agrees with emancipation after graduation. Dead silence. So dh will have to file a court motion, and produce evidence as to why she should stand on her own two feet. What blows my mind is that this process penalizes the non custodial parent, like my dh, who has paid faithfully. It should be that emancipation occurs automatically upon graduation and if the custodial parent disagrees, they are the ones who have to file a motion! Remember, it ain't free and lawyers want retainers of several thousand to file a motion.
So how is dh going to get proof of college graduation? This process is so skewed in the wrong direction! Remember this is a 22 year old college graduate! What utter nonsense.
The divorce agreement said
The divorce agreement said college graduation, but this b$&@ is going to graduate school.
BTW, in this ridiculous
BTW, in this ridiculous state, there is NO age for emancipation!
I wonder what would happen if
I wonder what would happen if your DH's lawyer sends BM a certified letter stating that CS is going to end on June 1, 2015. Then on the dot DH stops paying. would there be a chance then to avoid court - if BM does not fight it? If she wants to fight it, she can file. But why waste money?
Overall, NJ is the most ridiculous of all jurisdictions but London, UK.
I hope this rite of passage happens for tour DH soon and painlessly.
Not possible....in this
Not possible....in this screwy state one needs an emancipation order in order to stop paying for one's genetic material. No matter how old they are! What a farce....would make a great movie on satire. The "custodial parent", the "child".......the language used in describing a 22 year old college graduate.
So now dh is going to have to pay thousands to unhook the final vulture. Good riddance!
Our CO ended CS when SS
Our CO ended CS when SS either turned 18 or graduated from high school whichever was later. He graduated at 17 so the Sperm Clan kept paying CS for another 2mos until his 18th birthday. Though our CO stipulates that either party must initiate action if circumstances substantially change, our perspective that is that it was NCPs responsibility for notify the court of the completion of the conditions of the CO and file to end CS.
In our case the Sperm Clan filed on the Skid's birthday. The CO stipulated that the Sperm Idiot had to pay CS until SS's 22nd birthday if he was a full time college student in good accademic standing with the school. To try to avoid paying CS during his college years they had the full court guilt press on SS about how continuing to pay CS for 4 more years (until his 22nd birthday) would be taking food out of the mouths of his 3 younger also out of wedlock Sperm Idiot spawned half sibs by two other baby mamas. Sadly he let them guilt him and .... surprise ... he did not start taking college classes until he turned 22 just so his mom and I would not have our attorney counsel him about his right to support from his Bio Dad for college. Had he chosen to invoke that element of the CO SS would have received the CS directly following his 18th birthday rather than the money going to his mom.
To my knowledge there is no need to "emancipate" an adult child beyond notifying the court and CSE office that the child has aged out from under the CS element of a CO. Once SD graduates from college all your DH should have to do is inform the court/CSE office that she has graduated.
I can tell you that in this
I can tell you that in this f$&@ed up state, child support is automatically taken out of dh's paycheck by the state. The only way that stops, is with a court order. What burns me up is that it is up to non custodial parent to prove that it should end. It should be automatic, therefore not costing anything to someone who has paid faithfully for years. Oh right, the lawyers would likely lose a good chunk of their income! Talk about the fox guarding the henhouse.
So my dh's ex can sit back, not respond, and force my dh to have to file a damn motion, and prove that the witch has graduated and " moved beyond the parental sphere of influence". Hell, the witch hasn't had any relationship with him in 6 years, other than to demand his money.
That really sucks. Where I
That really sucks. Where I live, DH just had to file an affidavit of termination and have BM served (no lawyer needed). If she did not respond (and the reason for termination was valid), termination was granted.
He first went to CSE with a copy of SD's marriage certificate and they immediately closed his case and said as far as they were concerned, he was done but told him to file through the courthouse to make it official.