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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
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Experience:  Licensed Texas General Practice Attorney
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When will I be able to stop paying child support. My child

Resolved Question:

When will I be able to stop paying child support. My child turns 18 in september but he was held back a grade and will not graduate until he is almost 19. My papers do not specify a time when the child support will stop. I live in NC. Also my income has doubled since child support was ordered. Does my ex have to ask for a reevaluation or do I have to volunteer that information. Will I be ordered to pay in arrears if she asks for it to be reevaluated now?
Submitted: 12 months ago.
Category: Family Law
Expert:  ScottyMacEsq replied 12 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Per NC law (section 50-13.4) "


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.


(3) If the child is enrolled in a cooperative innovative high school program authorized under Part 9 of Article 16 of Chapter 115C of the General Statutes, then payments shall terminate when the child completes his or her fourth year of enrollment or when the child reaches the age of 18, whichever occurs later."

ScottyMacEsq :

So in short, they will automatically stop at 20 or when the child graduates or stops attending school, whichever occurs first. They can terminate if the court in its discretiojn orders that payments cease at 18 or prior to graduation. Typically that would be in the "slacker" situation, where the child is still attending school but making no effort to graduate.

ScottyMacEsq :

Again, that situation (getting the court to order it) would require a motion to terminate the child support, and would require good cause to do so. It would need to be more information other than just that he was held back a year, but that there's something or some factor that indicates that he should not be allowed to receive child support.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

I am happy with that answer but you did not answer the second part to my question. If she takes it back to court to reevaluate my income will I have to back pay for the time that I got a significant raise?

ScottyMacEsq :

No, it's not subject to "retroactive" modification. Any modification would only be from the date of filing of the modification onwards, and any child support order up until that point where she asks for a modification would be based upon the old order.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11359
Experience: Licensed Texas General Practice Attorney
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