WEEHAWKEN NEW JERSEY HUDSON COUNTY DIVORCE ATTORNEY

The New Jersey divorce judge committed error and is hereby reversed. The father moved to terminate child support for, and to emancipate, his younger son (who had turned 18 and started community college without his input) The matter is remanded for a plenary hearing because there are contested issues of fact which the judge needs to resolve in consideration of the Newburgh factors, including the parties' ability to pay and the relationship defendant has with his son. The court also rejects defendant's argument that, since the court emancipated his older son on similar facts, that decision is the law of the case and should be applied to his younger son.     Offner v. Lewis, New Jersey App. Div., March 7, 2008