I think this is an issue the family bar might wish to chime in on . . . and I would LOVE to hear from members of this network as to your thoughts on it. . .
What is the meaning of emancipation and is the doctrine or law of emancipation strong public policy that stands for once, emancipated (and not unemancipated) the mutual obligations and rights are extinguished (except the ones like the right to inherit . . . )
I, like I assume, most, if not all, of you draft agreements that state that emancipation of the children takes place upon the occurrence of various scenarios: marriage, entry into the military, reaching the age of 23, etc.
We never state what emancipation means - - which it seems we must start doing, especially if the NJ Supreme Court does not reverse the Appellate Division's unpublished decision in Biser v. Levine, entered on February 7, 2016 which we are hoping will be granted cert.
Case info
There was an Arbitration Agreement that was to address a number of issues, including allocation for college and graduate school cost for the three children, none of whom were emancipated at the time that the parties entered into the Arbitration Agreement. The Arbitration Agreement expressly stated that the arbitrator's award shall be made pursuant to the laws of the state of NJ. The Agreement was dated February 10, 2009. The Agreement did not state that there would be no obligation to pay for graduate school of an emancipated child who is not unemancipated (which is NJ law to the best of my knowledge). The Arbitration Award was not issued until July of 2012 and then underwent an appeal in the arbitration that was not completed until December of 2013. The award included that the parents would each pay 50% of college and graduate school costs.
In the meantime, the oldest child was emancipated in October of 2009 and completed one master's degree for which the parents had each contributed 50%. In 2013, four years after being emancipated, at the age of 27, she entered medical school and the mother moved to confirm the arbitration award and tried to get the father to contribute for medical school costs. The Trial court confirmed the arbitration award which he found did not require payment for emancipated children, but stated that the award was vacated to the extent, if any, that it ordered contribution for an emancipated child.
The Appellate Division reversed. It acknowledged that the arbitration agreement did not expressly state that there was to be contribution for emancipated children and that the award did not expressly state that there was to be contribution for emancipated children, but stated, "Though the parties did not expressly agree whether that would include emancipated children, the parties' broad agreement cautions against finding that the arbitrator violated public policy."
So, again the question is how does the family bar feel about what the meaning of emancipation is and should we be able to rely on its meaning that once emancipated, it is against public policy to order contribution for anything . . . without at least undergoing a Newburgh analysis to determine whether or not the adult child should be unemancipated.
I would REALLY appreciate hearing from our network as to your thoughts on this . . .
Thank so much,
Jill
Law Office of Jill Anne LaZare, LLC
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