Asked in Child Support for North Carolina

Q: My son turns 18 in November of this year he plans to go to college after high school. Can he continue to get his support

Does his support end in the middle of his Senior year

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1 Lawyer Answer

A: Assuming you are getting child support based on a court order, and not based on a separation agreement, and assuming your child is not disabled and incapable of self support, then child support terminates when he turns 18 OR graduates from high school, whichever is later. But if you are getting child support based on a valid written agreement, then the agreement might extend child support beyond 18 or high school graduation, whichever is later, depending on what the agreement says. See N.C.G.S. 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) (See Editor's note for applicability) 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.

In the case of graduation, or attaining age 20, payments shall terminate without order by the court, subject to the right of the party receiving support to show, upon motion and with notice to the opposing party, that the child has not graduated or attained the age of 20.

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