Hello,
I would like only an attorney to respond to this post please. We have an almost 18 yr old who is handicapped, but has a substantial income coming in in the amount of $3000 a month, do we have to continue paying child support for her after age 18? The divorce decree states my huband pay child support until the youngest child it 18 then it ends --the youngest child is under 10 at this point, so do we pay for the oldest child eventhough she is about to be 18 until the youngest is 18 or does NC state it ends at 18 for sure? Why would a child support order be written like that? I have never seen an order written such as child support will be paid in the amount of $$$$ until the youngest child is 18? From what I read it ends at 18 or maybe even 19 in some cases. If it does end what do you do to end it and should we get a lawyer as the mother will fight us on it she fights on everything else. Do you have to go to court and hire a lawyer or just do it through child support?
If the child is still in high school making progress towards graduation you must pay support until she is 20. The proper way to go about changing support is to file a motion to modify the total amount of support paid based on the eldest child aging out, and have support recalculated for the remaining minor children.
You will have to file a motion with the court to accomplish a modification, and I suggest you do hire a lawyer.
It is more than likely that she will not graduate high school; she will be 20 before she does graduate. Why would an attorney write the order in a way that a person must pay until the youngest child is 18 eventhough the oldest one is already of legal age? Does the fact she has a substantial income play a role here? Would we be required to pay additional monies not labeld as CS though she has a large income? I guess I am asking can we be refused to terminate support for the oldest child?
The order was likely drafted that way in attempt to gain as much support for the recipient as possible. You will not be forced to maintain support beyond what the law requires.