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Child support beyond 18 if still in high school due to failing grades?

Discussion in 'Child Support' started by DMMM, Jan 8, 2013.

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  1. DMMM

    DMMM Law Topic Starter New Member

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    when does child support stop for a child who is 18 and still in high school? But has failed 3 grades and should have graduated in 2012, but is scheduled to graduate now in 2014 if passes all classes. Also had special consideration from school board to drop from the 28 credits needed to graduate to now only 18 to graduate. Will support have to continue until graduation which could be 20 years old? thanks!
     
  2. army judge

    army judge Super Moderator

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    This will address your question.

    Do you have a child support order that was part of a divorce decree?

    If you do, it should speak to HOW LONG child support is to be paid.



    Otherwise, you look to your state law for an answer:

    Absent an exception, child support terminates in North Carolina when a child reaches the age of eighteen.

    If the child is not making "satisfactory" progress, the other party can dispute that issue ina court hearing.

    The two most important exceptions to this rule, for all orders entered on or after October 1, 1993, are that:

    1) when a child is otherwise emancipated prior to age 18, payments terminate at that time,

    2) “f the child is still in primary or secondary school when the child reaches 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.

    The other statutory exception to the rule against post-minority support applies to a child who is incapable of self-support.

    For those children, the obligation of child support continues until the child is no longer physically or mentally incapable of supporting him- or herself.


    Here is a link to the NC State Child Support site:

    https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp







    This will give you information on other options than a traditional high school diploma.

    Why waste the child's time pursuing a high school diploma, that'll be useless anyway (when received)?

    That gives kids self esteem and behavioral issues.

    Why not enroll your child in a community college program?

    No high school diploma or testing is required to gain admission to a community college.

    Students are mentored and tutored, and groomed to succeed.

    They can pursue an academic program, a skills program, or a trades program.

    They finish many programs in 12-13 months, and receive a certificate.

    Otherwise, they spend 4 semesters, (about two academic years) and receive an associates degree.

    They can even receive their GED while attending community college.
     
    Last edited: Jan 8, 2013
  3. guestpost

    guestpost New Member

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    Thanks for your advice and information. I have tried to get the child to try alternate schooling programs and basically does not want to grow up. Refuses to get a job or put forth an effort to finish school in a timely manner. College is probably out of the question due to grades and lack of effort. Mother only wants the $$ and encourages the child to stay in high school which he seems to be fine with. Would rather go to school daily than work. Mother is no help in trying to help the child grow up and become self sufficient. Could failure to make academic progress be used as a reason to stop paying the mother? The child will get what he needs (clothing, food, etc) from father regardless, trying to get rid of keeping the ex up once and for all.
     
  4. DMMM

    DMMM Law Topic Starter New Member

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    I have tried to get the child to try alternate schooling, but he seems fine with going to high school and the mother encourages it due to she wants the child support to continue. Unfortunately child would rather go to school and play than work so I do not see much of an effort here. Could failure to make academic progress toward graduation be a reason to discontinue the child support to the mother? Or would I have to wait until he was 20 and still in high school to get anywhere with it?
     
  5. army judge

    army judge Super Moderator

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    I can only say that you might have an argument.

    Read your child support order, or better yet, visit a couple local lawyers and discuss this with said lawyer(s).

    The initial consultation is often free of charge and/or obligation.

    In the end, it might be worth it (it would be to me) to get this dead beat off of your back.

    I'd hire a lawyer and get cracking.

    The longer you delay, the more they'll make you pay!!!!
     
  6. DMMM

    DMMM Law Topic Starter New Member

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    thanks for the advice, I'll get moving on it.
     

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