My son has recently turned 18, but has one more year of high school left. There is no where in our “Consent Order for Child Support” that states when the child support obligation ends, so my ex and I both assume that it ends at age 18. It only states that I am to pay child support until further orders of the court. Since he is now 18, what do I need to do to have my child support obligation stopped? Do I need to file a Modification of Child Support Order? Please advise. Thank you.
Unless the order specifically states that the child support obligation terminates at 18, you should file for a modification on grounds that your child is no longer a minor for purposes of child support.
I called Child Support and they told me that I have to pay child support until my son graduates from high school, even though he is 18. Is that the case since it was not specifically spelled out in our “Consent Order for Child Support”? I know that my ex is not expecting any more child support payments, so can I go ahead and file for a modification on grounds that the child is no longer a minor for purposes of child support? Will the courts allow this? Thank you in advance for your assistance.
NC law on 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.”
So long as your child is still pursuing a high school diploma, the obligation will continue until the child has graduated.