Support re-evaluated

When my ex and I divorced and filed our separation agreement, I had two boys age 10 and 5. Now my oldest, is 18, has graduated HS. I was paying my ex $1000 a month, direct deposited, never an issue with check’s being late, etc. I also agreed to split half of medical visits or medicines, soccer fee’s, etc. I buy them clothes, shoes, get them hair cuts, bought my oldest a car (agreed she would pay insurance), I split after school expenses, Now that I only have one son to provide child support legally for, and my ex decided she didn’t want to talk about it previously, when the time came, I split (actually gave a little more) a week. Now she is pissed and going nuts, shocker. I told her I would give her $125 a week, plus continue to split what I have already been doing (soccer, school supplies, clothes, shoes, hair cuts, medicine, etc). To me that’s a much better deal then me just paying her child support. She plays on my guilt of course, cause if my boys dont have something I feel guilty. I wish I could be like my current ex’s husband, just pay child support and not give a crap about anything else his kids need.

Do I have options here???

When one child ages out of child support (in your case, the child turned 18 and graduated from high school), then child support must be recalculated for the one remaining minor child. It is important to note that one child aging out does not mean the child support obligation is cut in half.

Your separation agreement may say what to do when child support is terminated as to one child. If it does not, then the two of you can agree to a new amount using a new child support worksheet and amend the separation agreement following the amendment provisions. If your separation agreement was incorporated into the divorce judgment, you can file a motion to modify the child support amount based on the substantial change in circumstances that there is only one minor child.

There is no obligation on you to provide child support or financial assistance to a child that is 18 or older and graduated from high school unless you agreed otherwise in your separation agreement.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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