Child services terminated the child support order last May/June 2013 because my son was over 18 and was no longer attending high school, although he has not graduated. He has attempted to finish high school since September but due to a drug problem he has had such low attendance that he was kicked out of school twice since then and is not enrolled at this time. I understand that NC can enforce child support until the child is 20 if they are attending high school. If this is correct, can my ex re-open the child support order that was terminated and have that enforced back to when it was terminated by the state? If my ex cannot re-open that order and is required to get a new order would a judge order me to pay child support until my son is 20 even though his track record shows he is not and cannot remain in high school? He will be 20 this August.
If child support has been terminated, your ex wil have to reopen or file a new complaint to get child support. Child support can last until a child is 20 if he/she is making progress towards obtaining a high school degree. You can learn more about it in our article regarding duration of child support. Given the facts of your case, I believe that the likelihood of a judge awarding child support in this situation seems slim.