Termination of Child Support in NC
Termination of child support in North Carolina – There is a common misconception that when a child turns eighteen, that a parent no longer has to pay child support but sometimes, a parent is obligated to pay child support beyond a child’s eighteenth birthday. When an amount for child support has been specified in a child support court order or in a court order or a separation agreement which was incorporated into a divorce decree, certain actions need to be taken in order to terminate the order.
The General Rule
The general rule in North Carolina is that child support payments terminate when the child turns eighteen; however, there are a few exceptions to this rule, so this is not always the case.
What Are the Exceptions?
North Carolina law specifies the instances where child support may be terminated in N.C.G.S. § 50-13.4, which states that payments for child support terminate upon the earliest of the following conditions:
- The child turns eighteen (18) years of age and is not attending school;
- The child becomes emancipated before the age of 18;
- If the child is still in primary or secondary school when they reach the age of 18, child support payments shall continue until one of the following events occur:
- The child graduates;
- The child ceases to attend school on a regular basis;
- The child fails to make satisfactory academic progress towards graduating; or
- The child reaches the age of 20.
- The minor child dies;
- The parent responsible for paying child support dies;
- The custody of the minor child is changed to the party who was paying the support obligation; or
- If the child is physically or mentally disabled at the age of 18, a court may find that child support is still required until the child no longer suffers from disability, or would not need to seek public assistance for support.
- Bankruptcy does not discharge a party from paying child support.
Does My Child Support Obligation Terminate Automatically?
No. Termination of child support in North Carolina requires that the Court issue an order terminating the child support obligation.
If I Believe I Can Terminate My Child Support Order, what is the Next Step?
You may want to consult with a family law attorney for help with termination of child support in North Carolina. A family law lawyer at Gilles Law, PLLC would be able to assess your case and let you know what is required in order to terminate a child support order. A motion for termination of child support needs to be properly served and supporting documentation provided with it in order for a judge to terminate the order.
Consider setting up a consultation with a family law lawyer at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.
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