Wording in Child Support section of divorce


#1

My son was held back a year for learning issues and will be in high school through age 19. I’m worried that he will not have to continue paying child support after age 18 because of the wording in the support section as follows: " It is agreed that Child Support shall be paid to Wife by husband until primary residential living arrangements of the minor children has changed from one parent to the other, or the children attain the age of eighteen and have graduated from high school, or otherwise sooner become emancipated, but no longer than the children attaining age 21, whichever first occurs. Does this mean that at 18 he can stop with child support since it will come first?


#2

Based on what you have shared, it sounds like your child support is set forth in a separation agreement and not a court order. I would interpret the language in your agreement to state that he must pay until the child graduates from high school, but not if he hasn’t graduated by the time he has turned 21. The law in NC provides that child support should be paid until the child turns 18 or graduates, whichever is later, but not passed the age of 20. As such, if your ex quits paying when your child turns 18 you can always file for child support; your previous agreement does not prohibit you from filing for child support and obtaining a court order.