I currently have a child support order. My ex wants to recalculate on the basis he has remarried and has two more kids with his new wife. Can he add the new kids I found they are biologically his to lower his amount owed?
Also my oldest son is in a Middle College High School program where he takes classes at both levels. His father wants to discontinue child support on the grounds he has enough credits to graduate. The custody order states it ceases at high school graduation. Can he stop paying even though he has not graduated high school? Would a judge over rule the agreement that says graduates high school?
Your ex can include new children as a deduction to his gross income however, having additional children cannot be the sole basis to modify a child support order.
Child support as to your oldest son terminates when he completes his fourth year of enrollment or turns 18, whichever is later, assuming he is enrolled in a “cooperative innovative high school program.”
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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