New Jersey Senate to Hold a Hearing on Proposed New Jersey Emancipation Law
Two weeks ago, our attorney Matt Rooney wrote about proposed legislation that would fundamentally change emancipation in New Jersey. (See Automatic Emancipation Bill Introduced in New Jersey for background). The bill, if enacted, would shift the obligation to file for emancipation from the child support payor to the payee. You can read the full text of S-1046 (Turner) by clicking here.
On Monday, the New Jersey Senate Judiciary committee is conducting hearings on this proposed legislation.
The New Jersey State Bar Association is opposed to the proposed legislation. The NJSBA, Family Law Chair, Jeralyn Lawrence, is scheduled to testify Before the Senate Judiciary Committee. The text of the NJSBA ‘s press release opposing this legislation is below:
THE NEW JERSEY STATE BAR ASSOCIATION RESPECTFULLY OPPOSES S 1046 (TURNER) WHICH CONCERNS ALTERATIONS IN CHILD SUPPORT OBLIGATIONS IN RESPONSE TO CHANGES TO THE STATUS OF A SUPPORTED CHILD.
The New Jersey State Bar Association respectfully opposes S-1046 (Turner) which concerns alterations in child support obligations in response to changes to the status of a supported child.
The New Jersey State Bar Association has concerns with this legislation because public policy is best served when applications for child support termination orders are made by the parties involved, directly to the court, in a public, adversarial forum, not by automatic operation of law. Currently, a child support payor must file an application for emancipation when the payor believes it is appropriate. This legislation transfers that burden to the payee by creating an age at which support will stop unless the payee makes an appropriate application to the Court to continue it. The New Jersey State Bar Association believes this to be unfair.
For the reasons set forth above, the New Jersey State Bar Association respectfully opposes this bill.
The law regarding emancipation and child support for older children may be changing. We’ll continue to keep you in the loop concerning any potential changes in the law.
If you have any questions regarding emancipation, child support, or family court matters generally in New Jersey, please contact us online today or call (856) 546-1350 for a confidential consultation with one of our skilled family court lawyers.