CS Modification In North Carolina

[NC_Dad]

What is the name of your state? North Carolina

I have a standard Child Support order for 2 sons. My older son has earned all the credits he needs to graduate from high school. This means he will no longer be attending school. He is currently living with his mother. The general statute in NC requires the child to be 21 or have completed high school before CS ends. Does the fact that he is still living with his mother still allow her to collect CS for him.
I will probably continue to pay as long as he is living with his mother, I am just curious as to what the legal qualification is here in NC.

 

[fairisfair]

obligation ends when the child reaches 18 years of age. If the child is already otherwise emancipated, payments will stop at the time of emancipation.

If the child is still in primary or secondary school when he or she reaches the age of 18, support payments will continue until that child graduates, ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation or reaches the age of 20 - whichever of these comes first. Based on its discretion, the court may order payments to cease at age 18, regardless of graduation date or any other factors

I only answered because no one else has. Now, back to my cabana boy.

by the way, if your child is still living with his mother, then he is NOT emancipated. Not by virtue of having finished high school anyway.

 

[Suzz]

What is the name of your state? North Carolina

I have a standard Child Support order for 2 sons. My older son has earned all the credits he needs to graduate from high school. This means he will no longer be attending school. He is currently living with his mother. The general statute in NC requires the child to be 21 or have completed high school before CS ends. Does the fact that he is still living with his mother still allow her to collect CS for him.
I will probably continue to pay as long as he is living with his mother, I am just curious as to what the legal qualification is here in NC.

How old is your older son? Fair is correct in that under normal circumstances, support ends at 18, upon graduation from HS, or age 20, even if still not out of HS.

NCGS 50‑13.4. Action for support of minor child.
c.Payments ordered for the support of a child shall terminate when the child reaches the age of 18 except:

(1) If the child is otherwise emancipated, payments shall terminate at that time;

(2) If the child is still in primary or secondary school when the child reaches age 18, support payments shall continue until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first, unless the court in its discretion orders that payments cease at age 18 or prior to high school graduation.

In the case of graduation, or attaining age 20, payments shall terminate without order by the court, subject to the right of the party receiving support to show, upon motion and with notice to the opposing party, that the child has not graduated or attained the age of 20.

 

[NC_Dad]

Sorry, my older son is 18. He seems meets all the requirements for payments to cease. I just wanted an informed opinion before I contact Child Support Enforfcement. Thanks for the help, this is the best site I have seen for information.

 

[Suzz]

Sorry, my older son is 18. He seems meets all the requirements for payments to cease. I just wanted an informed opinion before I contact Child Support Enforfcement. Thanks for the help, this is the best site I have seen for information.

Is he going to take early grad. or is he waiting until Spring to graduate with his classmates?
If he is taking early grad. then the statute gives you basis to end it now. Even if he is going to wait and grad. with his classmates, unless he is going to take extra classses this semester (not sure if his HS is on semesters, some in NC are) statute gives you the basis to apply to end now since he will no long be taking classes

(ceases to attend classes on a regular basis)

... but, in the interest of peace and harmony ... is 4 months of continued support really worth starting a war about? Especially, since I'd hope that Mom would use the money to pay his grad. costs. Gracious its gotten expensive!!

Because you pay for both, unless it has already been hammered out how much support will drop when the 18 yr old graduates, you will probably need to think about starting procedures or mediation for reduction with your Ex now, so that it will hopefully be settled before Graduation Ceremony. Less static between you and Mom there will mean a lot to your son.