In a recent New Jersey appellate case, a mother and father divorced in 1993 and executed a settlement agreement that gave them joint legal custody. The mother would have primary residential custody of their children and would receive $630 per month in child support for the kids. The parties agreed to contribute to the kids’ college expenses. Many years later, the father’s child support obligation was reduced to $150 per week.
After their daughter graduated from college, the father moved to emancipate her and to terminate child support for her and recalculate child support for his son. He claimed she was 23 and could support herself, since she worked part-time.
The mother made a motion to deny the request to emancipate, asking for an increase in child support for their son. She argued that the daughter would go to graduate school at a university and would be interning, and therefore she couldn’t earn income during that time. She asked for the father to pay certain expenses, including taxes attributed to a tuition benefit. She also asked that he pay more child support for their son, since the son’s Supplemental Security Income was going to be reduced.