What to include in separation agreement when child will be 18 in 7 months?

Do I need to include anything about child support or visitation in a separation agreement when we are not eligible to file in NC until April 2021? Child will turn 18 in early 2021 but does not want to visit with or “hang out” with father. Since the divorce will happen after child turns 18, what can I include in separation agreement? Already living apart.

Yes, you should include custody and child support in a separation agreement for a child that will turn 18 in 7 months. However, you will want to include very liberal custody and visitation terms. You will not need a strict or specific schedule.

Child support should be calculated as normal pursuant to the NC Child Support Guidelines and child support worksheets. Child support does not end until the child has turned 18 and has graduated from high school, even though custody ends when the child turns 18.


Anna Ayscue

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

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