You pay child support until she graduates in May. You will have to file for a modification of support to have the amount reduced. I would get a statement from her high school in April that shows that she is in good standing and will be graduating and attach that to your request for modifcation of support.
If you have a written notarized agreement that terminates support prior to the time she turns 18, and your agreement has never been modified. You can stop paying according to the agreement. However, she may sue you for child support and may be successful.
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
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.
We did not get a notorization that would terminate child support before the age 18. My issue is that our divorce and court settling was final prior to October 1993. According to your website, it lead me to believe that I may not have to pay child support past the age 18 even though she is still in high school because the court divorce was prior to 1993. I know the law used to be that when a child reaches 18 whether they are in school or not child support stops. This happened to my mother years ago with my Dad paying child support for my brother. My Dad stopped paying child support before my brother graduated because he turned the age of 18.
The courts have jurisdiction over child support until it is terminated by law. If your spouse files a motion to modify child support, you will be required to pay support until your child graduates from high school.
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
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 understand that the courts have jurisdiction over child support but what does the law say in this situation?
Child support will be applied based on the current laws. That means you will be obligated to pay until she graduates from high school. I’m sorry that was not clearer in my original post.
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
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 was reading on your website and noticed something that is somewhat confusing. Your website post that child support ends when the child reaches the age 18. However there are some exceptions such as the child in school after the age 18. I noticed that the date October 1993 was the date that this changed??
My question is: If the divorce and child support papers where settled in court before October 1993 do I have to continue to pay child support until the child graduates? The court settlement was done in 1992 and the child reaches 18 this October. She will not graduate until next May.
Thanks