Raleigh, NC asked in Family Law, Child Custody and Child Support for North Carolina

Q: Should I be prepared to pay college tuition if I have no rights to see either of my children?

divorced from my 2 daughters mother in 2005. Have been paying child support since then for both of my girls (ages 17 & 16). I do not have rights to see them because of an arrest in 2004 and a felony conviction (Alford plea) in 2006 in SC. i am concerned my ex-wife will sue me for assistance with college tuition. what are my legal rights and obligations?

1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Unless you stupidly agreed to pay for college in some binding agreement, your obligation to pay child support beyond the age of 18 is limited to a circumstance where the child is 18 but has not yet graduated from high school - in which case your obligation typically continues until the child graduates high school. You are of course free to contribute financially after the age of 18 if you want to but you are not under any legal obligation to do so nor can the mother legally force you to pay for college. So your child support obligation ought to drop by half in a year or so when your oldest turns 18 or has graduated high school and you should have no child support obligation within two years when your youngest turns 18 or graduates from high school. This is North Carolina law and since the children reside in South Carolina, you should also check with a South Carolina family law attorney but there is likely not much difference.

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