In March of 2016 the New Jersey case of Harrington v. Harrington was decided. The case deals with the retroactive modification of child support when a child is emancipated. In Harrington, the plaintiff and defendant had three unemancipated daughters, a twenty-year-old college student, a seventeen-year-old high school student planning to attend college, and a fifteen-year-old high school student, when they divorced in 2012.
The plaintiff agreed to pay $240 per week in unallocated child support. Unallocated child support is support that is not allocated as specific amounts of money per child, but rather one amount for all the children. In this case, that means that the $240 per week payment is not divided into ⅓ (or $80) per child.
In September 2014 the parties mutually agreed to emancipate the two eldest daughters, which typically means that the payment of child support would be recalculated. However, neither party sought to change the child support order, and the plaintiff continued to pay $240 per week in child support. Continue reading