Termination of Support


#1

I am not sure what your question is. The language you have referred to in quotation marks, is that included in the actual order or is there a specific date? Is this a North Carolina order, or an order from another state?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#2

The language I referred to in quotation marks is included in the actual order; the attorney entered a date of 1/11/2009 (18th b-day) versus 5/2010 (graduation from high school).

The order is from another state - Illinois.

It is unclear to me, reading the order when the child support obligation concludes.

Questions:

  1. Do we need to worry about correcting the termination date?
  2. If no, then can we assume that as long as we comply with 11/1/09 date we are covered?
  3. If yes, does this have to go back through courts to modify the date?
  4. OR as an alternative, can we cut a check to the state disbursement unit once the employer ceases garnishment of wages on 1/11/09 per order?

Thanks!


#3

You can stop paying child support on the date indicated by the order. However, the party receiving child support could go to court and try to extend the order until the child graduates from high school and they will be successful if they move to do so.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#4

Last year my Husband modified his child support order due to a decrease in his income. Unfortunately, we were dealing with an out of state attorney as we have since relocated. The revised support order states that ‘child support terminates on 11/1/2009 unless modified by written order of the court (insert date no earlier than the date that the youngest child reaches the age of 18 or is expected to graduate from high school)’. My question is this - the child will be 18 on 11/1/2009 but will not graduate from high school until 5/2010. In the previous modification in 2003 and the original order from 1996, there was no ‘graduation’ clause only a termination date of 11/1/09. I assume that he will be obligated until 5/2010 but how do we go about correcting the termination date? His wages are garnished by his employer.