Before I can answer this, I need to know if your husband is paying pursuant to a separation agreement or the court? If he is paying through a court order, then he must pay child support until the child reaches the age of 21 or graduates from high school, which ever occurs last. Is he not attending school full-time?
Yes, you would still have to pay.
Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
My husband’s son currently resides with his mother. The problem is that his son is in his second “senior” year of high school and he, more than likely, is not going to graduate this time either.
For the last two years he has attended school less and less (he’s addicted to the computer and online games). He first “senior” year, he missed approximately 4 months of school, this year, he hasn’t been back to school since October. His mother finally took him to get medical help and he’s been diagnosed with social anxiety (probably because he told a counselor he’s embarrased to be in school with such younger kids). He’s on the computer day and night, he just recently got his license and has never had a job. We can show proof of his computer usage.
My questions are:
(1) How long does my husband have to pay child support for this “kid”?
and
(2) If this child somehow gets a “medical” note that he should still be allowed to attempt school (he’s really smart) would we still have to pay, or would he “age” out? I ask because we’re concerned that his ex-wife is condonning this behavior to receive child support for a longer time than should have been.
Sorry for the lengthy note, just want you to have all the facts. I appreciate your time & thank you in advance for your response.