Terminating a child support order


#1

I am a Fayetteville area non-custodial parent, and I’ve paid child support for several years due to a divorce. I have no payments in arrears. I’m actually ahead on payments by 7 months (my final payment will be made on February 30, 2017). My daughter will turn 18 this August, and at that time-according to my current order, I am no longer obligated to pay.

While I do intend on helping my daughter directly with support for college, I want to close out the current order with the proper documentation (if required) here with the Cumberland County court system. FYI, both my ex-wife and I had private attorneys during the divorce.

My questions are: (1) What documents need to be filed (and in what sequence) to close out the order, and (2) Do I have to wait until her 18th birthday to file them or can I file early since my obligation is paid off early?

Thanks for any guidance.


#2

You should file a motion to modify the child support order (this is a pre-printed form) and check the box for termination. In your case, it will be important to prove that you have paid early and in full. You can file the motion before her 18th birthday so that the child support order can terminate on her 18th birthday (assuming she will have already 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.


#3

Thanks Anna. What is the actual form number? I looked on the court’s county website, but must have overlooked it.


#4

Never mind, I just found it.

Thanks for your assistance.


#5

To be sure, it is form CV-600.


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.