NEW JERSEY CHILD SUPPORT INSTITUTE

Emancipation

New Jersey Judiciary Probation Child Support Enforcement

Revised 4-2016

In this Topic

  1. A. Authority
    1. New Jersey Statutes Annotated
    2. Other Authorities
  2. Emancipation Introduction
    1. Overview
  3. Emancipation Upon a Predetermined Event
  4. CP or NCP Contracts PCSE and Both Parties Agree to Emancipation
  5. One Party Initiates a Request for Emancipation
  6. The Child is 18 or Older and PCSE Initiates Action to Emancipate

A. Authority

New Jersey Statutes Annotated

N.J.S.A. 9:17B-3

Visit http://lis.njleg.state.nj.us to find and view these New Jersey statutes.

Other Authorities

Filippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997)

Moss v. Nedas, 289 N.J. Super. 352,360

(App. Div. 1996) Newburgh v. Arrigo, 88

N. J. 529, 543 (1982)

Emancipation Introduction

Overview

Emancipation should occur when the age or circumstances of a child are such that he/she is no longer considered dependent upon a parent for financial support. Emancipation should not be confused with the child reaching the age of majority. In New Jersey, a child attains the age of majority when they turn 18 years old; however, attaining the age of 18 years does not mean a child is automatically emancipated or that a court-ordered child support obligation is automatically terminated.

Note: The termination of the obligation to pay child support law (N.J.S.A. 2A:17-56.67 et seq.), was enacted on January 19, 2016 and becomes effective on February 1, 2017. This statute creates the authority to terminate child support by operation of law upon the occurrence of child’s death, marriage, military service or the attainment of a certain age depending on the child’s circumstances. Termination and emancipation are distinct legal events. Termination refers only to the end of the child/medical support obligation. Nothing in this law affects the authority of the court to make judicial determination regarding legal emancipation of the child.

In most instances, the party seeking emancipation of a child should file an application with the court, especially if there are multiple children on the order and the original obligation amount was not allocated per child. In the event of the emancipation of one child on an unallocated order, a recalculation of the child support award using the New Jersey Child Support Guidelines is required to adjust the obligation. The court then examines the facts of the case to determine if the age or circumstances warrant emancipation of the child. In other instances, the parties mutually consent to the emancipation or PCSEProbation Child Support Enforcement staff may initiate an emancipation when the child is the last or only child remaining on the order.

NOTE: The procedure limiting emancipation to the last or only child stems from the child support guidelines (See Rule: 5:6A, Appendix 9 #24). The ability to emancipate multiple children on a case would require a recalculation of the support order.

Emancipation Upon a Predetermined Event

Some child support orders will specify an age or event when emancipation of the child(ren) will occur. In order to determine if emancipation is specified, PCSE staff must review the order or judgment of divorce for any provisions that stipulate the end of the child support obligation. If such a provision is included in the order or judgment and a predetermined event is verified, termination information should be added to NJKiDS so the child may be emancipated and removed from the case/ NJKiDS allows for future end-dates to be entered on obligations. If there is a specified end-date on the order or judgement of divorce, this should be entered on the OWIZ screen. If the original order was unallocated, the current support amount will continue at the same rate for any remaining children unless a prior order stipulates an amount or a new order is entered. If the original order was allocated, the obligation is reduced by the amount designated for the recently-emancipated child. If no children remain on the case and all arrears are paid in full, PCSE staff may close the case.

CP or NCP Contracts PCSE and Both Parties Agree to Emancipation

NOTE: The procedure limiting emancipation to the last or only child stems from the child support guidelines (See Rule: 5:6A, Appendix 9 #24). The ability to emancipate multiple children on a case would require a recalculation of the support order.

  • PCSE staff must review the case file, NJKiDS and the Family Automated Case Tracking System (FACTS) to determine if there is any information regarding the status of the child or pending applications with the court.
  • PCSE staff should confirm the name and date of birth of the child and determine, with both parties, a proposed date of emancipation and the reason for emancipation. PCSE staff should explain to both parties what the amount of arrears owed (or the credit status), if any, would be at the proposed time of emancipation.

NOTE: PCSE staff should recommend a minimum repayment amount based on the approved arrearage payment schedule that can be found in the Section 1603 (Income Withholding Procedures) of the Child Support Manual.

  • PCSE staff will furnish a Certification in Support of Consent to Emancipation (CS591) form detailing the agreement. This can be done by the parties appearing in the office or by mail. The form must be signed by both parties.

NOTE: If the parties appear together to sign the PPCSO, it is not necessary to obtain the CS591.

  • Upon return of the completed certification, PCSE staff will prepare and forward a PPCSO, along with any supporting documents, to a judge for review and signature.

NOTE: The NOTE screen must be updated with all pertinent information.

One Party Initiates a Request for Emancipation

  1. One of the parties could submit a letter requesting emancipation that must include the following:
    1. Name and date of birth of the child
    2. A proposed date of emancipation and reason/explanation.
  2. Upon receipt of the emancipation request, PSCE staff will generate a Child Status Letter (CS590) to the other party.
  3. If the Child Status Letter (CS590) is returned, proceed as follows depending on the circumstances:
    1. If both parties agree to the same date of emancipation, generate a Certification in Support of Consent to Emancipation (CS591) and send to both parties for signature. Upon receipt of the completed certifications, PCSE will proceed to prepare a PPCSO. Alternatively, both parties can appear in the office and sign a PPCSO.
    2. If both parties agree to the emancipation but with different effective dates, PCSE staff will attempt to contact both parties to see if a date can be agreed upon. If an agreed upon date is reached, a Certification in Support of Consent to Emancipation (CS591) should be generated and sent to each party. Upon receipt of the completed certifications, PCSE will proceed to prepare a PPCSO.
    3. If a date cannot be agreed upon by the parties, a Status Review Hearing may be scheduled. (The parties have the option of filing an application for emancipation.)
    4. If the CP initiated the request for emancipation and the NCP fails to respond to the request to emancipate or the NCP’s location is unknown, a PPCSO may be used to emancipate the last or only child on the order. The order shall be entered without prejudice in the event the NCP later seeks to dispute an aspect of the order, such as the effective date or the outstanding arrears.

NOTE: The procedure limiting emancipation to the last or only child stems from the child support guidelines (See Rule: 5:6A, Appendix 9 #24). The ability to emancipate multiple children on a case would require a recalculation of the support order.

The Child is 18 or Older and PCSE Initiates Action to Emancipate

  • Should PCSE staff become aware of the potential for emancipation of the last or only child on the order, a Child Status Letter (CS590) should be generated.
  • PCSE staff must first review the case file, FACTS and NJKiDS to determine if there is any information regarding the status of the child or pending applications with the court.
  • The Child Status Letter (CS590) should be sent via regular mail to both parties in all qualifying cases. The letter contains a list of possible outcomes of the proceeding and requests the most current information on the child.
  • If both parties respond to the Child Status Letter (CS590) and both are in agreement that the support obligation should end, PCSE staff can follow the procedures outlined in section D above.
  • If the CP is the only party to respond to the Child Status Letter (CS590) and consents to the emancipation, a PPCSO may be used to emancipate the last or only child on the order. The order shall be entered without prejudice in the event the NCP later seeks to dispute an aspect of the order such as the effective date or the outstanding arrears.

NOTE: The procedure limiting emancipation to the last or only child stems from the child support guidelines (see Rule: 5:6A, Appendix 9 #24). The ability to emancipate multiple children on a case would require a recalculation of the support order.

  • If only the NCP responds to the Child Status Letter (CS590) and emancipation seems appropriate, PCSE staff should proceed with the scheduling of a Status Review Hearing (See Section 1620 of the Child Support Manual) provided that both parties have been advised of their right to file an application with the court and have failed to do so.
  • If both parties respond but one party does not agree to the emancipation and the emancipation seems appropriate, then PCSE staff should proceed with the scheduling of a Status Review Hearing (See Section 1620 of the Child Support Manual.)
  • If both parties agree to the emancipation but with different effective dates, PCSE staff will attempt to contact both parties to see if a date can be agreed upon. If an agreed upon date can be reached, a Certification in Support of Consent to Emancipation (CS591) is generated and sent to each party. Upon receipt of the completed certifications, PCSE will proceed to prepare a PPCSO. Alternatively, both parties can appear in the office and sign a PPCSO.
  • If neither party responds to the Child Status Letter (CS590), PCSE may schedule the case for a Status Review Hearing provided that both parties have been advised of their right to file an application with the court in the county of venue and 45 days have elapsed and proof of filing has not been provided. The Summons for Status Review (1620B) must include the relief sought by PCSE in the event neither party appears. For example, convert the case to a direct pay, emancipation of the child, etc. PCSE staff should continue to monitor and enforce as necessary.

NOTE: For sections D, E, and F, if the enforcing county is not the county of venue, an Emancipation Package must be assembled and sent to the PCSE Unit incoming transfer contact in the county of venue for processing. The package must include the following:

  • Certification in Support of Consent to Emancipation form(s) (CS591) signed by the party(ies)
  • Relevant court orders not on NJKiDS
  • Relevant correspondence
  • Certification in Support of Status Review (1620A)
  • The incoming transfer contact in the county of venue must forward a copy of the signed PPCSO order to the county enforcing the case so that NJKiDS may be updated.
  • The sending incoming transfer contact shall maintain a log of all pending intercounty emancipation requests. All pending requests over 14 days old shall be reported to their PCSE manager.

 

Institute for Families, School of Social Work  Rutgers, the State University of New Jersey Judiciary Probation Child Support Enforcement