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Timothy D. Smith
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2184
Experience:  10 years practicing IP law and general litigation
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My daughter will graduate from High school and turns 18 in

Resolved Question:

My daughter will graduate from High school and turns 18 in July 19 2014. I am paying child support for my daughter and 12 year old son in the amount of $500 am month while awaiting a final separation agreement. The state sees my wife has custody of my daughter and I joint custody of my son. My custody agreement that we have been using is that a I see my daughter every other weekend and my son every other weekend and for the week.
My daughter chose to live with her mother and I was wondering what the reduction in child support will be when my daughter attains the age of 18 and graduates home school.
Submitted: 1 year ago.
Category: Legal
Expert:  Timothy D. Smith replied 1 year ago.

I hope this message finds you well. My name is XXXXX XXXXX I am a licensed attorney with over a decade of experience in handling matters such as this one before you today. In order to properly answer the question, I need a little more information from you.

 

What state do you live in? Is your daughter planning on going to college? Will she remain in the custody of the mother while in college?

 

Is you can answer those questions for me, I feel certain I can give you a thorough answer to your questions.

 

I look forward to hearing from you!

Customer: replied 1 year ago.

I live in the state of North Carolina. My daughter will remain in her mother's custody when she attends college. She has also expressed the desire to move out on her own after turning 18 and graduating from home school.

Customer: replied 1 year ago.

Daughter will remain in mothers custody however daughter has implied that she will move out into an apartment with friends at the age of 18 to attend a 2 year community college for general college credit and then apply for entrance to UNC Greensboro. She has aspirations to apply for a scholarship as well.

Expert:  Timothy D. Smith replied 1 year ago.

Good deal. In North Carolina, the rules are generally as follows: Absent an exception, child support terminates in North Carolina when a child reaches the age of eighteen. The two most important exceptions to this rule, for all orders entered on or after October 1, 1993, are that: 1) when a child is otherwise emancipated prior to age 18, payments terminate at that time, and 2) "if the child is still in primary or secondary school when the child reaches 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." The other statutory exception to the rule against post-minority support applies to a child who is incapable of self-support. For such a child, the obligation of child support continues until the child is no longer physically or mentally incapable of supporting him- or herself.

 

Secondary school is generally thought of as high school. If a kid, for some reason, remains in high school past 18, in NC, the child support payments can be caused to be maintained up until the age of 20.

 

As such, since your daughter will have graduated from high school, unless the court decides to order otherwise for some reason, you will not owe child support for her after July 19, 2014.

 

Let me know if you have any other questions or comments.

 

Best wishes going forward!

Customer: replied 1 year ago.

Is there a formula to determine what the reduction in child support will be when she graduates from high school and attains the age of 18. I will of course continue to pay child support for my son as he is 12 yrs old and this time.

Expert:  Timothy D. Smith replied 1 year ago.

The State of North Carolina has put forth the following pdf with charts for payment based upon income of the payor: http://www.nccourts.org/Forms/Documents/1226.pdf

 

This was promulgated in 2011, but is still effective as we sit here today.

Customer: replied 1 year ago.


Thanks for your help. I will look at the schedules.

Expert:  Timothy D. Smith replied 1 year ago.
No problem, it is my pleasure. Let me know if you need anything else.
Timothy D. Smith, Attorney
Category: Legal
Satisfied Customers: 2184
Experience: 10 years practicing IP law and general litigation
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Timothy D. Smith
Timothy D. Smith
1165 Satisfied Customers
10 years practicing IP law and general litigation