Adult Child Support

North Carolina Divorce Law Divorce and Separation Answers
1

I have two children from my first marriage, both reside with my ex-wife in NC. My daughters are aged 22 and 14. Presently, I have been trying to terminate child support for my 22 year old which is still ongoing. My 22 year old is profoundly disabled and her mother receives an income provided to her from a trust for her care.

[b]I have two questions:

[/b]My attorney told me that I maybe required to continue to pay Child Support for life for my oldest daughter (age 22 who receives monies from a trust that her mother receives). Is this in keeping with NC Law? Would I have to pay CS for life? I keep getting different answers for different people.

Note: I have never entered into any agreement to continue to pay Child Support for either child page age 18 or because of disabilities.
furthermore, Is there any new laws in NC to order a parent to pay Child support for life for disabled adults?

What does this statute mean? For purposes of custody? does this mean you can pay for support for life or you can if you choose? My daughter gets a large income from her trust so she is not dependent.

50-13.8. Custody of persons incapable of self-support upon reaching majority.

“For the purposes of custody, the rights of a person who is mentally or physically incapable of self-support upon reaching his majority shall be the same as a minor child for so long as he remains mentally or physically incapable of self-support. (1967, c. 1153, s. 2; 1971, c. 218, s. 3; 1973, c. 476, s. 133; 1979, c. 838, s. 29; 1989, c. 210.)”

Additionally, Is the money paid to my 22 yr old via a trust to her mother taxable income?

Sorry it is long, but it is kind of a multi-level problem.

My lawyer tells me I have to pay CS for life, but I can’t find a law in NC stating this.

2

There is no law in North Carolina that requires you to pay child support longer based on a disability. Our child support laws state that a child support obligation terminates when the child turns 18 or graduation from high school (whichever is later) but not past the age of 22.

I’m not sure what your question with regard to the custody statute that provided is. Could you be more clear? Custody is completely separate from child support.

3

I’m sorry, but the custody quote came from a statute that I found on NC Child support. I did find a paper from an attorney in Winston Salem stating what you said about Child support; where it was mention that CS ended no matter what the disability. There were some cases from the court of appeals on this matter.

I should have explained that better to you.

My lawyer stated that I would more than likely have to pay more alimony if I terminate child support for my 22 year old? Is this just a given? It is baffling to me since I have had two lawyers and no one wants to get the CS terminated. Do you have any advice for me on this matter? We are out of options now.

My disabled daughter also receives an income from her trust in the amount of 4k a month that money is not included as income for determining support. Is money from a trust taxable? My ex never allowed the money to be counted as income, so the bigger issue is if we have to pay CS for life would my daughter income paid to my ex be counted as income and would my ex be expect to give something up (income) like reduce alimony.

My ex has always been dependent though from the gate she has alimony from me and 4K in trust income that is not counted as income in determining the amount of support I am expected to pay.

Sorry this was so long, but it is complex.

If you can’t answer this question I understand. It is long and drawn out. We can’t ask our lawyer this stuff so we wanted to ask a lawyer these things.
Thank you for your post.

4

As an initial matter, if you feel that you can’t ask your lawyer these questions, I strongly advise that consider hiring new legal counsel. You should always feel comfortable asking your attorney questions and keeping that line of communication open. Of course I am happy an answer your questions, but also think you should be comfortable with your representation.

Is your alimony obligation set forth in a court order or a separation agreement? If it is part of a court order then it is modifiable, based on a change of circumstances. If it is part of a separation agreement, it is not modifiable (regardless of a change in child support).

Child support is never taxable. I can’t answer the question about the trust income, however. You would need to consult a CPA or tax attorney to discuss tax implications of trust income.