Our custody order states that child support ends when the child graduates from high school. Currently I have one child in 9th grade and one who is a senior who will graduate next month. If the child support awarded (4 years ago) is $2k total for both children, what happens when the oldest child graduates next month? Can the party paying child support just pay half of that amount or does a motion need to be made in court?
When one child ages out of child support (a child ages out when the child turns 18 AND graduates from high school), then child support needs to be recalculated based on the current custody schedule and each parent’s current incomes.
The child support obligation is not merely cut in half.
A motion to modify child support would need to be filed. The parents can voluntarily exchange financial/income documents and agree on a new child support amount and as such enter into a consent order.
Or, if the parents do not agree, then the child support modification issue can be heard by the judge.
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.