I have searched similar topics, but I have what appears to be a fairly unique question.
I have been divorced since 2011, and paying child support as outlined on the state worksheet since that time. Nothing in our privately negotiated divorce or support agreements discusses what will happen when either of the children go to college.
My oldest son is 16 and will be graduating high school in a month. He will turn 17 in August, at which time he will begin attending college full-time while living on-campus about 3 hours away from home.
I have seen conflicting information about the question of when child support ends. Some places only talk about it continuing beyond 18 if the child has not yet graduated high school (not relevant to me), or that it ends when the child graduates high school. Other places say it can continue beyond high school graduation if the child is not yet 18. Given this conflicting information, I am a bit confused.
When does child support end for a child who graduated high school at 16 and has moved away for college at 17?
Thanks!
Child support terminates when the child turns age 18 unless the child is still in high school. Since your child is still a minor, child support will continue until he turns 18 since your separation agreement does not specify a different termination date or terminating event.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Just so that I am clear, I have to pay child support to his mother even though he is not living with either of us the majority of the time and I am paying the required room & board charges at his college?
Yes. You can seek to amend the child support provisions by agreement with the mother due to the fact that the oldest child will no longer have his principal residence with either parent and recalculate child support for the remaining child(ren).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Anna,
Thank you for your advice. It was very helpful.
Robert
The above post about amending the agreement with the mother is assuming that child support terms are in a separation and not in a court order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.