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My daughter is 18 and graduated from high school this week.

My divorce decree states I...
My daughter is 18 and graduated from high school this week. My divorce decree states I pay till 18, which is thru NC. My ex stated I will have to pay till she graguates college is this true. They live in Colorado now.
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Answered in 1 minute by:
5/24/2013
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you still reside in the state of NC when you are not deployed? On what basis does your ex suggest that you must pay support until your daughter graduates college?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 4 years ago


No I live in Texas, and she was told by the child support agency.

Customer reply replied 4 years ago


Sorry I am at work, we had the order moved from NC to Colorado because niether lives in NC. Basically we couldn't get anything accoplished. But our decree is through NC and states till age 18.

I see. Thank you for providing that information, David.

Child support does typically terminate at the age of 18 under NC law. While it can continue if the child remains enrolled in college following high school graduation until the age of 20, since your decree specifically states that support continues only through the age of 18, that would typically govern your case.

The mother could petition the court to modify the order of support, but since none of the parties continue to reside in NC, CO courts would normally have jurisdiction over the matter at this point, so you could have the modification heard in CO. It appears from your new information that the order has been registered in CO.

Under CO law, child support typically continues until the child reaches 19 year of age. Here is a link that summarizes CO law as that would typically dictate your case if you had the order registered in CO. So even though the order says 18, CO law would dictate that support terminate at the age of 19:

http://www.coloradodivorceinfo.com/child-custody/emancipation-termination-child-support.htm


I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
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Tina
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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
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