Consent Order Modifications


#1

I have a child support agreement in the form of a consent order that contains items outside of the NC standard child support guidelines. My ex-husband agreed to pay child support for our son (age 17) “until age 18; provided, however child support shall continue until age 22 if the minor child is a full-time student”. Our son attended a military affliated school here in NC and graduated with a GED in December. He applied and was accepted to both Wake Technical College and Pitt Community College. He decided that he would join the National Guard in order to help pay for college. Because he had finished school 6 months ahead of schedule he decided to use this time to complete his basic training and AIT. He is currently at basic and will return to my home in July to begin school at Wake Tech in August…just as he would have if he had graduated from a traditional high school. He will be living with me and be enrolled in college full-time. He will participate with the NG one weekend a month and receive a payment of 183 dollars a month in salary from the NG. He will also receive tuition assistance which was his motivation in enlisting. As long as he is active in an ROTC program and enrolled full time in college he is non-deployable. My ex has found some clause in the NC standard child support guidelines that says our son was “emanicipated” when I allowed him to enlist in the National Guard at 17. He has stopped making child support payments without any action by the courts to amend or modify our consent order. He may have taken him off of his medical insurance policy as well but will not answer my inquiries about this. Can he do this? What is my next course of action? I am a teacher with an older son in graduate school (that his father also does not support because he turned 21) so funds are not largely available. I am willing and would like to hire an attorney to fight for my son’s support but if I do not have a leg to stand on then I can better use the money for tuition, insurance and getting these boys through school. I would appreciate any advice or guidance that you can provide. Thank You!!


#2

Since your ex agreed to pay support until your son reaches the age of 22 so long as he is a full time student, the court can enforce that obligation. Based on the facts you list I believe he has improperly terminated support and you should proceed with an action to hold him in contempt of the Order.