My son turned 17 in March. He received his GED in April. I understand the child support statute exceptions in the cases of turning 18 before graduating, etc. However, I would like to confirm the “otherwise emancipated” portion of the statute. Emancipation can only occur if the under 18 year old petitions the court to become emancipated correct? My ex is pushing the issue of discontinuing child support because the child has “completed his education” and he believes this emancipates the minor. Also, our separation agreement did not include any reference to a GED only that child support would be paid until the age of 18 or the child graduates from high school whichever occurs first. Could I be sued for breach of contract for accepting child support payments after he received his GED? In short- child support is paid until age 18 unless there is a reason for payments to be extended past the age of 18?
not an attorney
If your order says that child support continues until age 18 or the child is graduated from high school, then I believe getting a GED would qualify as the same as being graduated…and then your ex would be correct in discontinuing child support. (My order says age 18 or graduated from high school, whichever is the LATTER of the 2…so that way, if he is graduated at age 17, child support continues to age 18, but if he’s 18 and still in school, it continues until he is graduated.) Perhaps look over your separation agreement to confirm that it says whichever comes FIRST. I think that would be the big deciding factor here, based on what you’ve written.
again, not an attorney
yes, the agreement was written incorrectly, however, also included is:
“SITUS: All matters affecting the interpretation of this agreement and the rights of the parties hereto in relation to this agreement shall be governed and controlled by the laws of the State of North Carolina.”
Neither you nor your husband can sign an agreement limiting child support payments. Well, you can sign it, but the courts typically will make him pay no matter what you signed.
I believe GS 13.4 says something like reaches 18 or is no longer attending high school on a regular basis, which ever is later. So, it would make sense for him to just pay for a few more months and not have to pay an attorney.
[quote=“jim27106”]Neither you nor your husband can sign an agreement limiting child support payments. Well, you can sign it, but the courts typically will make him pay no matter what you signed.
I believe GS 13.4 says something like reaches 18 or is no longer attending high school on a regular basis, which ever is later. So, it would make sense for him to just pay for a few more months and not have to pay an attorney.[/quote]
You are correct. The court ignored the agreement in an earlier action. I really need to keep that in mind.
Yes, it WOULD make sense for him to do that -but he despises having to pay me (his point of view, he is paying me, not, he is paying child support) and will look for ANY way to stop it. Unfortunately, for me, money is not an issue for him so he would pay an attorney if he thinks there’s any way possible to cease payments.
Thank you for your response.