Child support jurisdiction

If the “Agreement” you have is a court order, it can be modified based on the laws of the state that it was entered in, assuming that is where your child still lives.

If the Agreement is not a court order but a contract between the two of you, then you need to pay child support based on the terms of the order and can modify it if and when the two of you agree.

If you have not complied with the terms of the contract and she chooses to take you to court, you may be held liable for the court. There can be a variety of punishments, it may include ordering you to pay damages to your former spouse for the obligations you did not meet.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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I was divorced in 1991. I had a child born that year from that marrage. As the timeline approaches that the child turns 18 I have a couple of questions regarding how to end the child support.

First a couple of details on the seperation/divorce agreement.

  1. The seperation/divorce agreement states that the custodial parent shall recieve child support until otherwise agreed upon - does this mean that the state’s limitation of 18 years of age are not applicable?

  2. I was obligated to maintain health and life insurance underwhich the child was to be covered. I have not complied with this. what legal obligations could this bring up if it is mentioned and how do I protect myself?

  3. the child now resides in a state where child support is mandated until the age of 19 or until graduation from high school whichever comes later. My understanding of jurisdiction is that the state where the order originates is the one that takes precedence unless jurisdiction is moved to that state which is has not. Is this correct?

  4. North Carolina law states that child support shall continue until the age of 18 or graduation from high school or until the child is no longer attending high school or is not making satisfactory progress towards graduation. The child in question was held back by a grade during primary education at some point and at the earliest will not graduate until well after they turn 19 years old if they graduate then. what are my legal obligations in this situation?

  5. The seperation agreement has agreed that I could use the child as a dependant for the purposes of state and federal taxation until the child turns 18. I have allowed the custodial parent to do this instead. Should I pursue this in any way and am I liable in any way over this?

  6. Neither I or the custodial parent have any real income we both make barely enough to survive on and neither of us can afford to hire an attourney easily. Can I propose an agreement to end the child support with the custodial parent and if so, will it be viewed as binding so long as it does not lessen the restrictions set down by state law?

Thank you for your time and attention.