• Choosing a Lawyer

    When you have the opportunity to hire one of the few Certified Matrimonial Lawyers in NJ, the selection process seems a bit easier.

    Why Hire Jay?
  • Establishing Custody

    When establishing child custody, we can help by finding the type that will work the best in your child's interest.

    View the Options
  • Get Started Today

    We look forward to helping you and your family move on to the next chapter in your lives! Speak with our firm today.

    Request Your Consultation

Court Severs Child Support in New Jersey Emancipation Case

A New Jersey appeals court has upheld a decision to sever child support to an adoptive daughter this week. The young woman, now 22, was appealing the 2013 decision that barred her from receiving support from her adoptive father while she has taken up residence with her biological father.

According to nj.com, Adrianna Shewchuk was seeking money from James Shewchuk, who adopted her and married her biological mother, Lisa, in 1994. James and Lisa have since divorced and Adrianna has been living with her biological father since 2012. Still, she felt that she deserved support from James Shewchuk under the Uniform Parentage Act, which allows "adult children" to receive child support to up until age 23 for education costs.

However, Uniform Parentage Act does not allow for continued support if the child has been emancipated. Both Shewchuks had asserted that Adrianna was—an opinion Adrianna tried to counter. In the appeals ruling, the courts agreed with the Shewchuks and wrote "She [Adrianna] simply withdrew from her parents' supervision and control, obtained part-time employment, sporadically attended school and arranged for her support in reliance upon the financial relationship she entered into with her biological father and his wife."

Clarity Provided During Complex Circumstances

The Shewchuks' case is a prime example of how complex a family's circumstances can become when parsing a legal issue. In this case, divorce, adoption, child support, and emancipation were all factors that needed to be carefully weighed. In the end, the court was right uphold the decision to sever child support: for children over 18, it is up to them to prove that they have not been emancipated, which Adrianna was unable to do while sharing a residence with her biological father.

If you and your family are facing a complex legal issue, then your choice of legal counsel is a critical decision. At Jay Turnbach, Esq., LLC, our legal team has been providing insight, advocacy, and piece of mind to countless New Jersey families in need of assistance.

Trust your family's interests to a dedicated Ocean County divorce attorney you can count on. Call us today.

Categories: Child Support
  • Choosing a Lawyer

    When you have the opportunity to hire one of the few Certified Matrimonial Lawyers in NJ, the selection process seems a bit easier.

    Why Hire Jay?
  • Establishing Custody

    When establishing child custody, we can help by finding the type that will work the best in your child's interest.

    View the Options
  • Get Started Today

    We look forward to helping you and your family move on to the next chapter in your lives! Speak with our firm today.

    Request Your Consultation

Contact Follow Us

Contact Us

Jay Turnbach, Esq., LLC
Ocean County Divorce Attorney
Located at: 2 Hooper Ave,
Suite 6A,

Toms River, NJ 08753
View Map
Phone: (732) 994-6970
Website:
© 2017 All Rights Reserved.

Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.