Child Support, child age 18, out of school with disabilities

If there is a court order in place that the non-custodial parent pays child support on a child, until they turn 18 or graduates high school (child turns 18 in Oct and will not graduate high school until the following June, for example) - in the state of North Carolina, can the custodial parent try and have the court make the non-custodial parent to continue to have to pay monies out after age 18 or when graduates from high school? The child has disabilities, will be on Medicaid the rest of his life and should qualify for SSI/SSDI.

No, the court will not order more child support than is required under the statute. The statute for child support (NCGS 50-13.4) states:

Payments ordered for the support of a child shall terminate when the child reaches the age of 18 except:

(1) If the child is otherwise emancipated, payments shall terminate at that time;

(2) If the child is still in primary or secondary school when the child reaches age 18, support payments shall continue until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first, unless the court in its discretion orders that payments cease at age 18 or prior to high school graduation.

In the case of graduation, or attaining age 20, payments shall terminate without order by the court, subject to the right of the party receiving support to show, upon motion and with notice to the opposing party, that the child has not graduated or attained the age of 20.

Another forum poster suggested reading “Divorce and the Special Needs Child” by Margaret “Pegi” Price. This may help you too.