Goldberg v. Goldberg

Goldberg v. Goldberg, A-003205-00T3 (App.Div. 2002)

Sat Below: Hon. Audrey P. Blackburn, J.S.C. (Mercer County)

The trial court erred in failing to compel custodial parent to repay child support received after the emancipation of the “child.” This is a two page reversal; I have found it helpful to include a copy of this decision with all applications filed to have post-emancipation child support returned to the payor. Without supplying this law, many judges will erroneously terminate child support only to the filing date of the motion – this is within the Court’s discretion if support is reduced or terminated based on a change in circumstances. As this decision affirms, it is never permissible when support is terminated as a result of emancipation – all support paid since emancipation must be refunded.

Appellate Decision
Appellate brief