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Emancipation - summary of unpublished cases?

  • 1.  Emancipation - summary of unpublished cases?

    Posted 04-07-2014 05:05 PM
    A while ago, when there was a discussion about alimony, someone posted an excellent recap / summary of many of the unpublished cases over the couple of years.  I'm wondering if anyone has done the same for emancipation cases?

    This one bothers me and I'm trying to keep costs down through recon motion and then appeal.  The "child" turned 18 last May.  Didn't graduate from High School as, per his IEP, he sleeps all day because he stays up playing video games every night until 2 or 3 a.m., and gets belligerent if a teacher tries to wake him up during the school day.  He "wouldn't do homework unless someone paid me to do it."  The IEP says that Dad (my client) tried to get him to go to therapy, but the child wouldn't go.  Had 41 absences from senior year in HS and thus couldn't graduate even if he'd passed his classes (which he didn't).  The school offered that the child could graduate in Dec 2013 if he took two online courses.  The child openly refused to do so.  None of these facts are contested - in fact, they're all established by paperwork Wife submitted. 

    Dad didn't stop paying CS in June, although child was 18 and not a f/t student, saying he'd keep paying through December, but child had to take that route and graduate.  Child wouldn't.  Went back to HS this past September, taking 2 courses and a bunch of study halls.  Has already again racked up 22 absences. Dad filed motion to emancipate.

    Also, since we're there anyway, sought refund of CS paid for his older daughter (age 20).  She'd dropped out of college, but mom didn't tell dad, who paid CS for 7 months.

    Judge denies Dad's motion in its entirety.  "Because the child is still in High School", he is still entitled to support.  Dad is precluded from getting a CS refund for the 20 year old daughter that mom deceived him about for 7 months as a result of anti-retro statute, but judge will kindly emancipate her as of filing of dad's motion.

    This is partly a vent, I realize.  Why should this guy have to fund a recon motion and appeal?  Anyway, I recall seeing a couple of cases in the past 2-3 years where a judge, as here, didn't shift the burden to prove entitlement to support to the CP under similar circumstances.  Just trying to keep this guy's costs down - has anyone seen / draft a good summary of the relevant unpublished cases?

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    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
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