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
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.
I don’t know how to word this in the separation agreement. Son (will be 18 in early 2021) lives with me since we moved into a separate residence several months ago. He does not want to return any texts or phone calls from his father. Is it appropriate to state in the separation agreement that son will continue to live with me and is free to contact his father if and when he wishes? Do I need to use any specific language surrounding the fact that he lives with me and plans to continue living with me?
You can put an open-ended custody schedule in a separation agreement when the “child” will turn 18 soon.
You will need to be sure to still address legal custody (who has decision-making authority) until your “child” turns 18.
For physical custody (where the “child” will be residing), it is fine to state that Wife shall have primary physical custody of the minor child and that while the parties shall strive to work together for visitation with Husband and for equal time at holidays, they shall adhere to the wishes of the minor child and not interrupt or interfere with the wishes of the minor child with respect to visitation with the other parent.
There is no special language you need to use other than stating that you will have primary physical custody of the minor child.
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.
Thank you for that guidance!