Reinstatement of Child Support


#1

Unless you signed a Separation Agreement obligating you to pay those expenses there is no authority in a North Carolina court to order you to pay child support on an 18-year old college student. You should seek to modify the order and be represented by counsel.

Amy K. Kirkhum
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

I was represented by council. They told me that I got off easy. I was told that 69.00 a week is nothing to support a child in college.
I called my daughter to talk about her school and what she was doing. I left a message to call me that I wanted to talk. 2 hours later I got a call from a police officer that said I was to make no contact with her. She wants nothing to do with me. I now have no way of even knowing if she is registered for the new semester of school or what is happening. I need help. But I dont know where to go.


#3

Dear DG:

Greetings. First, if your daughter is emancipated, you should not have been paying since she became emancipated. This is covered in NCGS sec. 50-13.4(b). Therefore, you may be able to take her to court to recover the funds she has received from you and file an action immediately to modify your child support. Get a new attorney and try again. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

In September of last year my 17 year old daughter was emancipated by the court because she dropped out of school. My now 18 year old daughter has gotten her GED and is attending community college. In the 10 months since her emancipation I have been totally disabled and am fighting for disability from Social Security. I have no income at this point. I have now been brought back to court to pay child support for my daughter because she is enrolled in college. Her first semester she recieved 2 incompletes an F and 1 A. She earned 6 credits out of 13 attempted. The insurance I had on her dropped her because she did not attend full time college as they see it. So…
I lost the case in court, I have been ordered to pay 69.00 per week for child support because she is attempting college and I am to find her insurance and pay for that insurance until she is 19. What can I do? I cant pay what they are ordering and as far as I can tell Im going to end up in jail.