Child support-amending agreement

North Carolina Divorce Law Divorce and Separation Answers
1

Dear kathryn:

Greetings. It sounds to me like you have a separation agreement that deals with child support. The law for child support states that child support shall terminate when the minor child reaches age 18 unless the child is otherwise emancipated prior to the age of 18 or unless the child is still attending school, making satisfactory academic progress towards graduation. If the child is still in school heading towards graduation, child support may be paid until the child reaches age 20, unless the court orders child support terminated at age 18 or before high school graduation.

If your ex husband will not pay voluntarily, then I would suggest that you file an action with child support enforcement, and they will assist you in obtaining the child support you require for the remainder of your child’s high school graduation. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.

2

Seven years ago, I got divorced and in the agreement, child support was to be paid until our daughter turned 18. The problem is that she turns 18 on November 1, 2004 but she will still be in high school in her senior year. At the time of the agreement, I didn’t realize that she would still be in high school due to her late birthday. Will a judge automatically amend my child support order to continue payment until she graduates from high school? In other words, does NC law specify that child support should be paid until a child is 18 or completes high school, whichever comes last? Will my ex husband be able to successfully defeat this motion? If I have a good chance of getting my child support continued, how do I go about filing the papers for this motion?

Look forward to your response.

Regards,
Kathryn