Child support and handicapped child


#1

Is there any case law in NC where a severely disabled child who receives monies from a trust (several thousands per month paid to her mother and caretaker) and who has rec’d conservatorship of this child or adult now age 23 that the father must continue to pay child support for life?


#2

In North Carolina, the child support obligation will cease when the child reaches the age of majority (18). There is no requirement for parents to pay child support for disabled children past the age of 18. There are, however, two situations in which child support can run past the age of majority.

One such situation is that of a child who has not yet, as of age 18, graduated from high school. Provided the child is enrolled in secondary school, child support will continue until the child graduates from school, ceases to attend school on a regular basis, fails to make sufficient academic progress, or reaches age twenty - whichever comes first.

The second situation is a parent’s written agreement to pay support past the age of 18 - a parent can always agree to assume an obligation greater than what the law requires. An example of this would be a separation agreement that provides child support until a child reaches 25, or requires a parent to pay for a child’s college tuition. If such a contract is valid and enforceable, the post-majority obligation spelled out in the contract can be imposed by the court.