I am currently paying child support for 2 children. My ex has full custody of them. My son has turned 18 and graduates from high school on 6/8. I have filed a motion for a hearing a week after my son’s graduation to have the child support amount decreased to only include my 16 yr old daughter now. My ex said she is getting an attorney to fight to have the court order me to pay support towards my son’s college expenses. My question is can the court do this? And when we fill out new financial affidavits, can she include expenses for my adult son while he is away in college? We both make at least $90K a year.
No, North Carolina law does not require for parents to pay for college expenses and does not require child support to be paid for a child that is 18 years or older and has graduated from high school.
A judge cannot order you to pay for college unless you have previously agreed to provide for these expenses in a separation agreement and the issue before the court is an action to enforce the separation agreement.
Your ex-wife could include expenses for your adult son while he is away in college but you would have an argument that these are not necessary expenses for herself and they are not expenses for any minor child, therefore, those expenses should not be considered. The new child support amount will be based on both of your monthly gross incomes, not a financial affidavit or list of expenses.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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