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Easy one - f/t student in grad school & CS

  • 1.  Easy one - f/t student in grad school & CS

    Posted 04-04-2018 01:05 PM
    I know there's law on this, but I'm blocking...  "Child" is 21, graduates from college in May and is going on to Graduate School to obtain a Masters. Child has financed education 100% on her own.

    Assuming it's an easy one: Does CS continue until 23 as long as she's a full time student? Or does it only apply to undergraduate? (No extreme facts - parental incomes are $60K each, NCP hasn't seen child in several years [unfortunately]).


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  • 2.  RE: Easy one - f/t student in grad school & CS

    Posted 04-04-2018 02:27 PM
    Currently, child support typically cannot extend beyond age 23, and, absent a court order, ends at 19 as a matter of law. Since the new law went into effect on February 1, 2017, isn't retroactive, and the "child" turned 19 prior to 2017, I think the answer depends on what's in the pre-2017 support order. If the order only covered college, the custodial parent should be required to file a motion for continuing support.  Also, the child support guidelines no longer apply after age 17. This requires an assessment of what continued financial support is actually required (if any).
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  • 3.  RE: Easy one - f/t student in grad school & CS

    Posted 04-04-2018 02:42 PM

    No it does not.  the new statute was for Probation collection and enforcement only.  Case law on emanicipation is still the law.

     

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  • 4.  RE: Easy one - f/t student in grad school & CS

    Posted 04-04-2018 02:48 PM
    Agreed, Alice. Question remains whether Newburgh et al mandate continuation of child support when the "child" has graduated from college and is attending graduate school. Still a f/t student at accredited university, but now a college graduate...

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    At 02:41 PM 4/4/2018, you wrote:

    Apr 4, 2018 2:42 PM
    Alice M. Plastoris, Esq

    No it does not.  the new statute was for Probation collection and enforcement only.  Case law on emanicipation is still the law.

     

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  • 5.  RE: Easy one - f/t student in grad school & CS

    Posted 04-04-2018 02:52 PM
    Some time ago there was a case - if I recall correctly - that mandated Graduate School payment (medical school?) and continuation of child support/non-emancipation. The case may have been a bit of an outlier - maybe.





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  • 6.  RE: Easy one - f/t student in grad school & CS

    Posted 04-04-2018 03:44 PM

    It was an oldie but a goodie: Ross v. Ross, 177 NJ 441 (Ch Div 1979)  that required parents to support their child through law school.

    A later unreported case (Schambach v. Schambach, 2010 App Div) addressed the question of whether a child attending grad school was emancipated.  Trial court declared her so but App Div remanded for a hearing on the issue.  [Dissent in Shambach makes for good reading.] 

     

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  • 7.  RE: Easy one - f/t student in grad school & CS

    Posted 04-04-2018 04:16 PM
    There was also a case, I too believe, that rendered a mother with child not emancipated.





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  • 8.  RE: Easy one - f/t student in grad school & CS

    Posted 04-04-2018 06:40 PM

    Ross turns on what the parents expectations were for the child when they were married. Very fact sensitive.

     

     

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  • 9.  RE: Easy one - f/t student in grad school & CS

    Posted 04-04-2018 07:23 PM
    I thought that case hinged on the fact that the father agreed in the settlement agreement to pay for law school, but I could be remembering it incorrectly, maybe someone has the case.


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  • 10.  RE: Easy one - f/t student in grad school & CS

    Posted 04-04-2018 04:18 PM
    But doesn't N.J.S.A. 2A:17-56.67 alter N.J.S.A. 9:17B-3 and shift the burden of emancipating adult-children from the payor to the payee? See Calabrese v. Pantalena (N.J. Super. App. Div., 2017); Scarpa v. Scarpa (N.J. Super. App. Div., 2017). The subpart in 2A:17-56.67 that addresses the Probation Division talks about notice requirements.
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  • 11.  RE: Easy one - f/t student in grad school & CS

    Posted 04-04-2018 06:36 PM

    David:

     

    Take a look at Ross v. Ross.

     

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  • 12.  RE: Easy one - f/t student in grad school & CS

    Posted 04-04-2018 07:37 PM
    See also Appendix IX-A, p. 21, stating the child support guidelines only apply to children who are less than 18 years of age or more than 18 years of age but still attending high school or a similar secondary educational institution. Once they're in college, if there's no prior court order or PSA controlling emancipation whether financial support continues and to what extent is determined by case law. But this is only in cases where the payee parent files a motion since 2A:17-56.67 now essentially trumps 9:17B-3. Also, read the references to 2A:17-56 in  Turkheimer v. Burke (N.J. Super. App. Div., 2017) and  Gallagher v. Gallagher (N.J. Super. App. Div., 2017).

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    But doesn't N.J.S.A. 2A:17-56.67 alter N.J.S.A. 9:17B-3 and shift the burden of emancipating adult-children from the payor to the payee? See Calabrese v. Pantalena (N.J. Super. App. Div., 2017); Scarpa v. Scarpa (N.J. Super. App. Div., 2017). The subpart in 2A:17-56.67 that addresses the Probation Division talks about notice requirements.
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  • 13.  RE: Easy one - f/t student in grad school & CS

    Posted 04-06-2018 11:20 AM

    In a recent matter, our client received a letter from Mercer County Probation terminating child support unless and until she proved the child was enrolled full-time. The daughter's 19th birthday triggered the letter.  Our client submitted the Consent Order that the parties would split college and Dad would continue paying the (new and reduced) child support while daughter attended college full-time plus proof of her classes.  Probation then continued with the child support enforcement. Probation told us that the mother should expect to receive the termination letter every August/September asking for proof of enrollment for enforcement purposes until 2020 (the fourth year of college for the daughter).

     

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  • 14.  RE: Easy one - f/t student in grad school & CS

    Posted 04-06-2018 12:22 PM
    Thanks, Misty, but as others have pointed out here, the issue of probation collecting support (and the new statute on when it stops doing so) is 100% administrative and has zero to do with emancipation law. For example, probation automatically stops collecting support at age 19 unless a parent shows evidence the child is eligible to keep receiving it. That wouldn't stop, for example, a parent paying support from going to court as soon as a child is 18 and out of high school to have him/her emancipated. All the probation reg says is that, absent an obligor making that effort, they'll automatically terminate support collection services at age 19. If the parent supplies proof of f/t college attendance or disability, they'll continue to age 23, at which point probation closes out the CS case unless there's "extraordinary circumstances." This is all about probation collection / enforcement, but doesn't have anything whatsoever to do with whether a court would emancipate.

    So, whatever the answer is as to continuing CS through grad school, and I don't know it yet (I'm still checking the cases offered by others), it's not the probation / administrative termination issue.


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    At 11:20 AM 4/6/2018, you wrote:

    In a recent matter, our client received a letter from Mercer County Probation terminating child support unless and until she proved the child was... -posted to the "Family Law Section" community

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    Re: Easy one - f/t student in grad school & CS
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    Apr 6, 2018 11:20 AM
    Misty A. Avallone, Esq
    [] 

    In a recent matter, our client received a letter from Mercer County Probation terminating child support unless and until she proved the child was enrolled full-time. The daughter's 19th birthday triggered the letter.  Our client submitted the Consent Order that the parties would split college and Dad would continue paying the (new and reduced) child support while daughter attended college full-time plus proof of her classes.  Probation then continued with the child support enforcement. Probation told us that the mother should expect to receive the termination letter every August/September asking for proof of enrollment for enforcement purposes until 2020 (the fourth year of college for the daughter).

     

    3314.gif

    Misty A. V. Avallone, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ
    [] 
    [] 

      Recommend   Forward   Post New Message via Email       See also Appendix IX-A, p. 21, stating the child support guidelines only apply to children who are less than 18 years of age or more than 18 years of age but still attending high school or a similar secondary educational institution. Once they're in college, if there's no prior court order or PSA controlling emancipation whether financial support continues and to what extent is determined by case law. But this is only in cases where the payee parent files a motion since 2A:17-56.67 now essentially trumps 9:17B-3. Also, read the references to 2A:17-56 in  Turkheimer v. Burke (N.J. Super. App. Div., 2017) and  Gallagher v. Gallagher (N.J. Super. App. Div., 2017).

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    SOSIS LAW, LLC
    Rochelle Park Municipal Complex
    151 West Passaic Street, 2nd Floor
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    Website: www.sosislaw.com
    E-Mail: [email protected]
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    But doesn't N.J.S.A. 2A:17-56.67 alter N.J.S.A. 9:17B-3 and shift the burden of emancipating adult-children from the payor to the payee? See Calabrese v. Pantalena (N.J. Super. App. Div., 2017); Scarpa v. Scarpa (N.J. Super. App. Div., 2017). The subpart in 2A:17-56.67 that addresses the Probation Division talks about notice requirements.
    ___________________________

    WILLIAM N. SOSIS, ESQ.
    SOSIS LAW, LLC
    Rochelle Park Municipal Complex
    151 West Passaic Street, 2nd Floor
    Rochelle Park, New Jersey 07662
    Website: www.sosislaw.com
    E-Mail: [email protected]
    Tel: (201) 655-6400
    Fax: (201) 781-7855


     
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  • 15.  RE: Easy one - f/t student in grad school & CS

    Posted 04-06-2018 12:47 PM
    David

    I don't think graduate school would constitute extraordinary circumstances under the probation collection statute but maybe it will depending on what the court order says, but that does not mean, as you pointed out, under the case law that the child is emancipated. Even if it is not traditional child support, some kind of support for tuition etc.  there is something in the probation stat that speaks to instead of calling it child support you ask the court in an application to award continued "maintenance" of the child.  I think it would have to be direct pay until extraordinary circumstances.

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  • 16.  RE: Easy one - f/t student in grad school & CS

    Posted 04-04-2018 06:35 PM

    Actually, that law only controls up to what age the family support center will collect the support payments. It is not an emancipation statute.

     

    Robert E. Goldstein, Esq.
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    IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein, unless expressly stated otherwise.

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