Child Support termination age 18 vs. HS graduation

North Carolina Divorce Law Divorce and Separation Answers
1

I was the non-custodial parent of a minor child and am required to pay child support in arrears and for months after the court ruling on awarding of child support. I read that child support ends when the child turns 18, but can continue until she graduates from HS. However, my minor child finished all of her HS courses 4 months before she turned 18 and stopped going to HS. The graduation ceremony was 1.5 months after she turned 18. Since she graduated early, she has been working.

Here are my questions:

  1. When does child support payments from me end?
    A - When she finished all of her HS classes and completed all of her graduation requirements.
    B - Automatically when she turned 18.
    C - The actual date of the HS graduation ceremony.

Here is a related question for you. My wife’s attorney is saying that I MUST file to have child support payments ended, otherwise my child support payments continue on and on and on.

Is this true?

Another question for you. My wife and minor child moved out of the family residence on June 16 2010, but did not file for child support until June 30 2010. The judge ruled that I had to pay child support for all of June.

  1. Why should I be required to pay for the full month of June instead for half of June?

  2. Should child support only start AFTER my wife filed for it (June 30)?

I know that this is getting long, but please allow me four more questions. My minor child moved out of my wife’s apartment in the month of February 2011 and was living on her own. One month later, the minor child decided to move back in with me (March 2011) and is still living with me (she has since turned 18 as I said above).

  1. Should I be required to pay child support for the month the child lived on her own?

  2. Should I be required to pay child support while the minor was living with me until she turned 18 or graduated from HS?

  3. Should my wife be required to pay ME child support while the minor was living with me?

  4. Is my wife required to give some of the child support money to my daughter? My wife told my daughter that she will never see a penny of the money.

Thanks,

  • Poor Dad
2

Child support ends at age 18 in this case, it does not necessarily end automatically, it depends on what your order says. You may need to make a motion to terminate support.

If the judge ordered you to pay for the whole month of June, it was because he/she found that to be in the best interest of the child, and support can be ordered retroactive up to the time of separation if the judge sees that to be fit.
You are required to pay support for all months the order is in effect, unless and until the court terminates support based on your motion.

3

Erin, how does following the order until it is terminated by the courts fit in with statute 50-13.4(c)? Because in that, it states that the party paying child support may stop support without order from the courts if the child has reached the age of 18 AND has graduated high school. I also found it interesting that it states the burden of proof of why support should continue is on the recipient of support, not the person paying.

Are those two separate instances in that section of the statute?

My husband is going through this now. In spite of the fact that this particular statute places the burden on the support recipient, he filed to terminate based on age and graduation. He is showing up for court at the end of July, and has all the proof of age and matriculation.

4

Yes, the support will terminate based on those factors, at the hearing.