Q: Will I have to continue child support for another year if custodial parent making son take his junior year again?
Custodial parent and son moved from nc to ut. Son was going to graduate in 2018 in nc. Son was taking college courses in high school doing great. Now in Utah he is taking his junior year again because cp doesn't think he's mature enough for college. I will file in January to end child support. Will my request be denied now that he is doing another year of junior high? He went to public school his whole life now is doing his junior year in a expensive Catholic school. Custodial parent has a new job making 10k more a year. Do I try and modify child support or do I go ahead and petition to have child support end?
A:
It depends on the terms set forth in the court orders. If it is originally a North Carolina decree, then North Carolina law as applied to the existing decree will control. In Utah, often the decree will have language that child support continues until the child turns 18 or graduates from high school, or should graduate with his regularly matriculated class, whichever is later, thus meaning your child support would end at the end of this school year.
Also, if jurisdiction for the divorce is still in North Carolina, I would file the petition to modify, etc. in North Carolina. Regardless, I can only recommend that you consult directly with an experienced family law attorney to get specific advice based upon your controlling court orders, including to specifically identify which orders are the controlling court orders.
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