Child Support for failing High School Senior


#1

What you would need to do is go back to court and have the child support order modified. You would need to bring your son’s school records, including attendance records, to show the court that he is unlikely to graduate this year. The statute actually allows for child support to be paid until the child is 20 years old, if they have not graduated from high school yet. But, if it looks like graduation is not going to happen, you would need to have a judge make the determination on whether to discontinue child support.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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

There is possibility that an 18 year old son may NOT graduate high school in May. He is failing because he does not study or complete assignments (which is documented on his report cards). He is also absent frequently (up to 30 days a year) thanks to a bio parent (who has sole custody) that lets him stay home if he feels like it.

So, my question is, would we still have to pay child support for a 19 year “senior” who is repeating his senior year due to complete fault of his own?

All advice is welcome and APPRECIATED!