no, not by your agreement and not by NC standards.
Continuing child support past 18 years of age
The language in your agreement states that child support is to continue through your daughter
Your ex can’t withhold child support for any reason unless the court says he can OR you both agree to it OR if the child ages out per the agreement. EVERY time he withholds or starts to get in arrears, he is in breech of contract. My ex used to use his child support payments as a ‘tool’ to get me to do what he wanted (ie: I won’t pay if you don’t …).
My ex is refusing to pay child support when our daughter turned 18 in December 2008. We have a signed and notarized separation agreement (we have been divorced for years) that says “The child support as set out in this agreement shall continue until such time as the first to occur of the following: (1) a child reaches (18) years of age, unless he or she is a full time student in primary or secondary school; in such case, child support shall continue until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation or reaches the age 20,…”.
She is a senior in high school, makes great grades, has not yet graduated, but will in 2009, has been accepted to college and has not reached the age of 20, isn’t emancipated, isn’t married, etc. I have primary custody.
Can he withhold child support?