Child’s support: A legal obligation (2)

Child support for disabled children NEW Jersey case law requires parents to contribute to the cost of necessary care and maintenance of an adult child who has become so disabled, due to a pre-existing mental illness or emotional disorder, that the capacity to maintain him or herself is lacking. What type of disability would extend a parent’s child support obligation? In the case of Baldino v. Baldino, the court held that voluntary addiction to illegal drugs is not a disability or handicap, which would defer emancipation and extend a parent’s child support obligation. The father in that case was not required to contribute to his son’s support. In the case of Filippone v. Lee, the son was a troubled 14 -year- old teenager who was living at a home for boys. Ultimately, he received G.E.D. and started college. Unfortunately, he failed most of his courses and did not enroll in school the following semester. The son tried again two semesters later, but then withdrew. Approximately one year later, the son sustained serious knife wounds and became disabled. The issue was if the parents were obligated to contribute to his financial support as a result of his disability. The court found that the son became emancipated when he failed his courses and failed to return to school the following semester. The son became disabled one year after he was emancipated. The court held that the parents had no obligation to financially support their son as a result of his disability. Unwed mother Another troublesome circumstance occurs when a minor child gives birth out of wedlock while she is in high school. In the Filippone case, the parties’ unwed daughter had a child while she was in high school. The daughter went directly to college upon graduating from high school and was primarily supported by her father. Although she received minimal support from the child’s father and was working part-time to contribute to some of her expenses while attending college, the court found that she was clearly un-emancipated and thus, ordered the father to pay child support. Child support includes a post secondary education The New Jersey Courts have held that higher education is a necessity. New Jersey law goes further than most states in requiring parents to financially contribute towards their children’s post-secondary education. In New Jersey, a child is not emancipated until he or she completes their education. Post secondary education is considered a form of child support. In deciding whether a parent is obligated to pay for a child’s tuition and costs, the court considers the following factors: •If the parents were still living with the child, would that parent have financially contributed toward the cost of the child’s education? •What are the background, values and goals of the parent? •How reasonable is the child’s expectations for higher education? •How much money is needed for college? •Do the parent’s have sufficient income and assets to pay for the education? •What is the relationship of the cost to the kind of school or cost of study sought by the child? •How committed is the child to a post-secondary education and what is that child’s aptitude? •What financial resources does the child have? •Is the child able to earn money during the school year, or on vacation? •Are there any grants, student loans, scholarships, or financial aid available? •What is the child’s relationship to the paying parent? •Do the child and parent have mutual affection and shared goals? •Does the child respond to parental advice and guidance? •How does the education relate to the child’s prior training and the child’s long term goals? In addition to the above, the Court may consider any other factor it considers relevant in evaluating a claim for college contribution.9 Parents who have the financial ability have been required to pay for a child’s graduate school tuition. In the case of Ross v. Ross,10 the mother, the custodial parent, requested continued support from the father until the child completed law school. The father argued that he should not be obligated to pay support beyond college graduation. The father also argued that his daughter’s professional goals could be obtained by her attending law school part-time and working part-time. The Court held that there is no definitive date as to when child support ends. The father’s argument that his daughter could pay for law school by attending part-time and working part-time was rejected by the Court. The Court held that the custodial parent, in this case the mother, had the discretion as to how the child would achieve the goal of completing graduate school. The noncustodial parent cannot insist on alternative ways of accomplishing that goal. The pivotal issue for the court was this: Had the parents not been separated or divorced, would they have paid for the daughter’s law school tuition? After considering the parties’ respective histories and incomes, the fact that their child was an only child, and the child’s early interest in attending law school, the Court found that the parents would have paid for their daughter’s law school tuition. The Court decided that the child could not be considered emancipated until she graduated or withdrew from law school. The father was directed to continue to support his daughter. Conclusion Emancipation does not automatically occur when a child reaches a specific age or upon the occurrence of a specific event. Furthermore, a child may be deemed emancipated for a period of time and then un-emancipated. The question of if a child is emancipated for child support purposes involves a critical evaluation of the facts and circumstances of each case including but not limited to, the child’s needs, interests, independent resources, the family’s reasonable expectations, the parties’ financial abilities and other relevant issues. culled from Guardiannews