Child Support


#1

If your divorce agreement that addresses custody is court ordered then you are obligated to pay support until he graduates from high school. IMO you should have filed for a modification of support based on the change in his living situation two years ago when he moved in with you. At this point you could file and ask for it to be retroactive to the date of filing … about 6 months worth.


#2

If your divorce agreement is a court order you can file a motion to modify child support. If your divorce agreement is a contract you may be able to modify it, depending on the terms of the contract, you can also attempt to file a motion to modify and the court may modify child support.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

My ex-wife by our divorce agreement has legal custody of my son. He is 18 years old and still in High School. We have a divorce agreement that states I am to pay Child Support until he is 18 or graduates from High School. I have always paid my Child Support directly to her. I have never gone through the Court System. He has been living with me for two years now and I am still paying her Child Support. Do I have to continue paying her Child Support or can I quit paying since he is living with me? Please advise.

Thanks,
Randy Hicks

Phone: 919-272-0571

Randy Hicks