Child Support After 18

[arosado1970]

What is the name of your state? NC

My husbands has 2 children from a previous marriage that he is paying child support for. They soom will be 16 and 15 years old. Since I always look to the future, the question I have is concerning the end of the support order. According to the order, he is to pay the support until the children reach 18 years old or graduate high school, whichever is first. Both will graduate before they reach 18. My question is can the CP petition through CSE to continue the child support after they are 18 years old? I was just wondering if the CP might do this to get help for college and if the CSE is allowed to assist her when the children are no longer considered minors and the order states that the support stops at 18 years old.

 

[kat1963]

Not unless there was a prior agreement for college support/assistance or the child is physically/ mentally incapable of supporting him or herself.
KAT

 

[MtnMoon]

What is the name of your state? NC

My husbands has 2 children from a previous marriage that he is paying child support for. They soom will be 16 and 15 years old. Since I always look to the future, the question I have is concerning the end of the support order. According to the order, he is to pay the support until the children reach 18 years old or graduate high school, whichever is first. Both will graduate before they reach 18. My question is can the CP petition through CSE to continue the child support after they are 18 years old? I was just wondering if the CP might do this to get help for college and if the CSE is allowed to assist her when the children are no longer considered minors and the order states that the support stops at 18 years old.

Does the court order specifically state until the children reach 18 years old or graduate high school, whichever is first ? According to NC Statutes, if a child is attending school (primary or secondary) on a regular basis after the age of 18, support payments may continue; but the court may order payments to cease at age 18 regardless of graduation date or any other factors. There doesn't seem to be anything in the statutes regarding college expenses. Your husband is free to give financial assistance for college directly to his children. Is that what he's planning on doing?

 

[arosado1970]

NC

The actual wording to the order is "the child support sahll continue until said child(ren) are either emancipated, reach 18 or, if still in high school at age 18, graduates from high school, drops out, or becomes 20, whichever occurs first."

This is the actual quote from the child support order. Just due to what we know of how the CP acts and the bitterness in her, we believe that she would try to extend the term of the child support payments. It has been my understanding that child support enforcement cannot enforce anything other than the support payments. Furthermore I do not believe that they (CSE) have the ability or right to determine the term of the support payments. I think that that is left up to the determining judge handling the case. Am I correct?

He will help out his children with college financially if they do go but within reason. As that we have 2 children and 1 on the way, we would like to be ones to determine what we can and cannot afford and not a government agency. I am aware that the CP can take him to court to get him to pay half of all college expenses. We just would much rather seal with a judge and not CSE.

 

[LdiJ]

NC

The actual wording to the order is "the child support sahll continue until said child(ren) are either emancipated, reach 18 or, if still in high school at age 18, graduates from high school, drops out, or becomes 20, whichever occurs first."

This is the actual quote from the child support order. Just due to what we know of how the CP acts and the bitterness in her, we believe that she would try to extend the term of the child support payments. It has been my understanding that child support enforcement cannot enforce anything other than the support payments. Furthermore I do not believe that they (CSE) have the ability or right to determine the term of the support payments. I think that that is left up to the determining judge handling the case. Am I correct?

He will help out his children with college financially if they do go but within reason. As that we have 2 children and 1 on the way, we would like to be ones to determine what we can and cannot afford and not a government agency. I am aware that the CP can take him to court to get him to pay half of all college expenses. We just would much rather seal with a judge and not CSE.

Based on that wording, he is going to have to pay child support until the children reach age 18, even if they graduate from high school before age 18.

Mom may be able to petition to extend child support beyond age 18. At that point it will be up to the judge.

Although I appreciate you wanting to be prepared for the future...I think that you are preparing things a little too far in advance. State laws have these pesky habits of changing...and a change in state law could impact your husband's case.

 

[arosado1970]

Additional Question

NC

I have an additional question..... If you read the order exactly as it states, once the oldest child turns 18, will he be able to get the child support reduced even though the youngest is not 18 yet? The 3 year period will not be up for modification until a year later after the oldest is 18.

Thanks for all your help.

 

[LdiJ]

NC

I have an additional question..... If you read the order exactly as it states, once the oldest child turns 18, will he be able to get the child support reduced even though the youngest is not 18 yet? The 3 year period will not be up for modification until a year later after the oldest is 18.

Thanks for all your help.

Well, he can certainly petition for a modification based on the older child turning 18. However, the average child support order for 1 child is 17% of gross, and for two is 24-25% of gross...so it might not reduce as much as you think. In addition, if his income increases during the period between the last review and his petition to modify, it could reduce even less....or possibly even increase.

Therefore, whether or not he should do that depends on the situation at the time.

 

[arosado1970]

Well, he can certainly petition for a modification based on the older child turning 18. However, the average child support order for 1 child is 17% of gross, and for two is 24-25% of gross...so it might not reduce as much as you think. In addition, if his income increases during the period between the last review and his petition to modify, it could reduce even less....or possibly even increase.

Therefore, whether or not he should do that depends on the situation at the time.

I just wanted to thank you for answering my questions about this. I know that I am thinking WAYYYYYYYYY ahead of time (2years) but I do have an impatience problem. Knowing what I have seen in other cases here in NC, I just get worried about what CSe will or will not do in situations like this. Thanks again for all of your help.

 

[Grace_Adler]

"the child support sahll continue until said child(ren) are either emancipated, reach 18 or, if still in high school at age 18, graduates from high school, drops out, or becomes 20, whichever occurs first."


Actually this is written just like NC law says.

Broken down into segments..

"the child support sahll continue until said child(ren) are either emancipated"

Meaning if they are emancipated, child support ends.

"reach 18"

Or once they reach 18 it ends.

"or, if still in high school at age 18, graduates from high school"

This means if they are still in high school at age 18, he still has to pay until they graduate.

"drops out,"

I know for a fact if they drop out, no matter what the age or fail to make passing grades, child support ends in this state.

"or becomes 20, whichever occurs first"

In other words whatever comes first.. turning 18, emancipation, graduation from high school, or dropping out, that's when support ends. If they are still in school until age 20, he still has to pay. If they aren't then he doesn't. And according to NC law, school does include post-secondary education.