College and remarriage


#1

In NC child support must be paid until the age of 18 or until graduation from high school. If the child is over 18 and still in high school, child support may continue until the age of 20 as long as the child is in school full time and making all attempts to graduate.
Paying for college is not required but is usually decided on by the parents.
His remarriage will not affect child support amount unless they have a child together, in which case the amount will likely decrease as he would then have another child he is responsible for. But in this situation his new wife’s income can also be figured in to the calculations. If they have no children her income can not be used and it will not affect the amount.


#2

Child support can continue to age twenty if the child is still attending high school. Once a child has graduated high school and reached the age of 18 child support terminates. The court does not have any authority to require either parent to pay for college.

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

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301 McCullough Drive
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Charlotte, NC 28262
Main Phone: (704)307.4600
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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

Thanks for the information on college. Will his remarriage effect the child support payments?


#4

no, remarriage will not affect his child support payments unless he has children with this marriage.


#5

You can specify in the divorce decree that he is responsible for a precentage of college costs. Be very careful with the wording… paying “as he can” is vague and hard to enforce. This would be in the divorce… not child support agreement. You would have recourse with breach of contract.


#6

My husband and I just separated in September 2007. We have a 4 year old son and 19 month daughter. He decided that he does not want children. We are about ready to sign our separation agreement but we cannot agree on college. He wants to state that he will help pay as he can for college. I read somewhere online that in NC child support could continue until age 20 if enrolled in a secondary school. If this is true, could my husband have to pay child support until age 20 if they go to college? He is also planning to remarry this October. Will his remarriage effect his child support amount?

Thanks