I have a daughter who turned 18 a few months ago, she graduated high school in June. She has moved out of her mothers house and got a full time job. She has no interest in going to college full time. Do I still need to pay child support. The separation agreement states. Until the child reaches age 21. Obligation shall terminate upon, death, marriage, legal emancipation, or change of custody. Is she considered emancipated since she has moved out and on her own?
Since your separation agreement states that child support is to continue until age 21, you will have to continue to pay it until she turns 21. However, you may be able to argue that the terminating factor of “change of custody” applies since your daughter has moved out of her mother’s house and is supporting herself.
This situation does not count as legal emancipation since your daughter is already 18. Emancipation is achieved by court order while a child is a minor.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
There is no way the ex will agree to change the separation agreement, can I go to court to get it changed?
You cannot go to court to terminate child support because there is no court order. You would be unable to file a new child support action since the child is now 18 and has graduated from high school.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.