QUESTION
Is my ex-husband in Breach of Contract if he discontinues paying child support for our daughter after she reaches the age 18 and is out of high school
Asked on Apr 19th, 2014 on Breach of Contract - North Carolina
More details to this question:
We have not amended the private agreement to change the child support amount but he stopped paying for the 18 year old once she graduated from high school. Is he still contractually obligated to pay the amount in writing until we amend the child support amount? We have a second younger child that he is still supporting based on a lower amount that we agreed to for her. He also agreed to pay the difference to our 18 year old monthly to help with college expenses, but has not done that.
1 ANSWER
What does your agreement say? Does it provide for support until 18 or 21? Does it require support through college? In some states, absent an agreement, support would continue until 18 (unless sooner emancipated) and in some states 21 (some states may have other ages, but most are either 18, 21, or through college). This law would apply if your agreement is silent as to when support stops, but unfortunately I don't know what the law of North Carolina provides.
Answered on Apr 21st, 2014 at 3:21 PM