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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35319
Experience:  Attorney with 16 years experience
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My daughter is 18 years old and graduated gh school June 10

Customer Question

My daughter is 18 years old and graduated high school June 10 2016. I have another child who is 16 and I'm paying child support for both children.when I mentioned to my x wife that it is time to modify child support because of the age of my daughter she said that I have to pay child support until my daughter goes to and finishes college. Is this possible or do I understand correctly from my research that child support ends at 18 and graduation from high school. Thanks for your help
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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The NC child support statute states that a paying parent is liable until the child is 18 years, unless attending secondary school full time or up to age 20 whichever comes first. N.C. Gen. Stat. §50-13.4

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That statue specifically says:

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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.

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So you need to actually review the formal support order entered by the court to determine whether it terminates at 18 and high school graduation or whether it extends beyond that, up to the child's 20th birthday..

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thanks

Barrister