Is it legal in the state of North Carolina to have to pay child support until the child is 21?

Question

My husband's ex says she's going to take him to court when their child turns 18 to make him pay until she is 21. Is this legal?

Answer 1

Ask a lawyer, but in some states if she continues on to college he might have to pay......

Answer 2

If that child is going to college I believe in any state a parent can pay child support until the said child is done with school. The one thing that has to be noticed here is the fact that the EX is going to take him to court when the child turns 18.
If the child will turn 18 and still be in high school--your husband can take the legal action--whether it's on his own or as a pro-se motion to stop child support at the time the child turns 18 or when the child has graduated.
If said child goes to college, he can do a motion to only pay a portion of the college expense.
My EX (actually the wife) managed to do this to me---my son turned 18 while he was in high school and child support stopped--that's not fair to the child. I then had to proceed with help for college and that can also turn into a violation of privacy to the child--maybe not in all states.
I hope this helped.

Answer 3

Not unless the child is mentally handicapped or the principles in the case have signed an agreement indicating an intention to provide support beyond that date:

"Child support is available under North Carolina law during a child's minority (until age 18). If a child is otherwise emancipated prior to age 18, child support would end at that earlier age under our current law. There are, however, also three situations in which child support can run past the age of majority. One such situation is that of a child who has not yet, as of age 18, graduated from high school. Provided the child is enrolled in secondary school, child support will continue until age 20 or graduation from school, whichever comes first. The second situation is a parent's written agreement to pay support past the age of the child's minority. If such a contract is valid and enforceable, the post-majority obligation spelled out in the contract can be imposed by the court called on to interpret the contract. The final exception to the rule that child support ends when the child is no longer a minor is made for a child who, post-minority, remains mentally or physically incapable of self-support, such as a child who needs long-term care. In this situation, the child support obligation under North Carolina law exists for as long as the child is incapable of self-support."

Answer 4

Courts only order child support until 21 if the child attends college.

Answer 5

that depends on what the divorce/custody papers say. My daughter gets child support until she is 24 as long as she is a full time student. If you husband's daughter is a student she sure CAN make him pay child support.

Answer 6

She can take him to court if she wants....it will depend on her reasons and the judge's opinion as to whether it is granted or not. When it IS granted, it is usually because either the child has a permanent or temporary disability OR to help attend college.

Answer 7

First thing to check is the divorce decree - you go by that first to see what kind of agreement was made between all. next - go by the law. the law in NC is 18 - unless still in highschool - and then it is 20 - whichever accures first. so, if they are still in highschool - YES, you still pay even if they are 18 until they are graduated. if they are in highschool until 30 - you pay until 20. if the child moves out - doesn't matter - you still pay until the above.

Answer 8

Only if the child is still in school, but call a lawyer and ask.

Answer 9

No it's only till the child is 18. After that the child should be on their own. So tell her take him to court. So she could look dumb.!!!!!!!!!!!!

Answer 10

the judge can order it if the child continues her education until that age. so yes, it is legal.