Terminating support from out of state


#1

I live in California, and have a court order for child support payments to my two autistic children in North Carolina about 12 years ago. Over the past year, my ex lost custody of both of them through the actions of child protective services–her uncle became the guardian of the older child, who turned 18 and completed high school last year and is now living in a group home and working. The younger one was placed in a group home in a different county, and to the best of my knowledge the state of NC is his legal guardian. He has just turned 18, but I’m not sure of his high school status.

In the meantime, I was laid off from my job and have gone into arrears on my CS payments. Is there an economical way to file a motion from out of state to have my support obligation terminated? It’s a bit complicated, since my ex wife no longer has custody or guardianship.


#2

You would need to be present to make your claim for child support, unless you and the other parent can reach an agreement on new child support terms. If you can agree, you can submit a consent order to the court. Keep in mind that child support terminates at the age of 18, or high school graduation, whichever comes later (not past age 20). If the youngest is no longer actively pursuing his degree, then you shouldn’t be obligated to pay any child support.