Child Support


#1

It seems to me that if your agreement says “until age 18 OR graduates from high school” (as opposed to AND) that you would not be liable to pay beyond the 18th birthday. Based on that wording alone, it says that the liability ends when EITHER condition has been met.


#2

In North Carolina child support can continue until age 20 if the child is still in high school and making satisfactory progress towards graduation.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

ROSEN.COM

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

I looked back through the divorce papers last night and they state that I am to pay until they are 18 or graduated from high school…which ever accurs last. So, what do you think…should I just keep paying or let her attorney take it to court. She has already said that if she takes it to court that she will seek an increase in the child support amount. Thanks so much for your input.

Lee Roach


#4

If she seeks an increase then it would only be until he does graduate or until he’s age 20…why spend the money. If you believe he is honestly putting the effort into graduating this second time, then I would keep paying. If he does not graduate this year or is not showing the interest then as soon as his birthday, the payments would stop…if this were me. I am not certain what steps must be done to stop paying child support or if you just quit paying. You may want to check with your attorney to see what their advice would be on this…


#5

Based on the laws of our state you need to continue to pay support until your child graduates or reaches the age of twenty.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

ROSEN.COM

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.


#6

I have been payng child support for my two boys now for almost 12 years. At this time the youngest of the two is 19 years old. He has failed the 12th grade and says that he wants to go back to school to attend his senior year of high school again. My question is this, am I still liable to pay child support since is is now 19 and really shows no concern or interest in finishing up his schooling. My original divorce agreement said that I would pay until each wsa 18 or graduated from high school. Plese let me know what your thoughts are, I told my ex that I was done paying since he had already failed the 6th grade which made me pay for an entire extra year anyway.

Lee Roach