New CS laws in NC


#1

I am a former divorce client of Rosen and have a question about the new child support guidelines in NC. In your FAQs, the following paragraph describes child support after a child has turned 18 and is enrolled in a secondary school:

“There are, however, also three situations in which child support can run past the age of majority. One such situation is that of a child who has not yet, as of age 18, graduated from high school. Provided the child is enrolled in secondary school, child support will continue until age 20 or graduation from school, whichever comes first. The second situation is a parent’s written agreement to pay support past the age of the child’s minority. If such a contract is valid and enforceable, the post-majority obligation spelled out in the contract can be imposed by the court called on to interpret the contract.”

What is this sentence referring to, especially the wording “if such a contract is valid and enforceable”? What would make a separation agreement valid and enforceable?

I also noted that my separation agreement prepared by your firm doesn’t have any provisions for court action if child support is not paid; is this typical? Friends have told me that their agreements spell out court-ordered CS if is not paid.


#2

A separation agreement is valid and enforceable once signed and notarized by both parties. If an agreement is breach the remedy is a breach of contract action. An agreement cannot specify that child support becomes part of a court order upon breach, such a provision would be invalid.