Law Lessons from LYNDA TIMINSKY v. LAWRENCE TIMINSKY, App. Div., A-2490-09T1, February 1, 2011: To justify a declaration of emancipation, The trial court must make the finding that a child had "moved `beyond the sphere of influence and responsibility exercised by [his parents] and obtain[ed] an independent status of his . . . own'". Fillippone v. Lee, 304 N.J. Super. 301, 308 (App. Div. 1997) (quoting Bishop v. Bishop, 287 N.J. Super. 593, 598 (Ch. Div. 1995)). The imposition of a duty upon parents to continue paying for their child's college education is inconsistent with a determination that the child is emancipated. See Tretola v. Tretola, 389 N.J. Super. 15, 19-20 (App. Div. 2006). Note: There is a print link embedded within this post, please visit this post to print it. NOTE: My legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, PSA, property settlement agreement, premarital and prenuptial agreements, midmarriage and marital agreements.
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