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  1. #1
    Isis Guest

    Question

    What is the law in North Carolina regarding modification of existing child support order to require the non-custodial parent to pay for college (or help pay for college)?

    What is the law regarding increasing or continuing child support because the child is in college?

    Original order states child support stops at age 18.

    Appreciate any help. Thanks!
  2. #2
    LadyBlu Guest
    Originally posted by Isis
    What is the law in North Carolina regarding modification of existing child support order to require the non-custodial parent to pay for college (or help pay for college)?

    What is the law regarding increasing or continuing child support because the child is in college?

    Original order states child support stops at age 18.

    Appreciate any help. Thanks!
    § 50-13.4. Action for support of minor child.
    (a) Any parent, or any person, agency, organization or
    institution having custody of a minor child, or bringing an
    action or proceeding for the custody of such child, or a minor
    child by his guardian may institute an action for the support of
    such child as hereinafter provided.
    (b) In the absence of pleading and proof that the
    circumstances otherwise warrant, the father and mother shall be
    primarily liable for the support of a minor child. In the absence
    of pleading and proof that the circumstances otherwise warrant,
    parents of a minor, unemancipated child who is the custodial or
    noncustodial parent of a child shall share this primary liability
    for their grandchild's support with the minor parent, the court
    determining the proper share, until the minor parent reaches the
    age of 18 or becomes emancipated. If both the parents of the
    child requiring support were unemancipated minors at the time of
    the child's conception, the parents of both minor parents share
    primary liability for their grandchild's support until both minor
    parents reach the age of 18 or become emancipated. If only one
    parent of the child requiring support was an unemancipated minor
    at the time of the child's conception, the parents of both
    parents are liable for any arrearages in child support owed by
    the adult or emancipated parent until the other parent reaches
    the age of 18 or becomes emancipated. In the absence of pleading
    and proof that the circumstances otherwise warrant, any other
    person, agency, organization or institution standing in loco
    parentis shall be secondarily liable for such support. Such other
    circumstances may include, but shall not be limited to, the
    relative ability of all the above-mentioned parties to provide
    support or the inability of one or more of them to provide
    support, and the needs and estate of the child. The judge may
    enter an order requiring any one or more of the above-mentioned
    parties to provide for the support of the child as may be
    appropriate in the particular case, and if appropriate the court
    may authorize the application of any separate estate of the child
    to his support. However, the judge may not order support to be
    paid by a person who is not the child's parent or an agency,
    organization or institution standing in loco parentis absent
    evidence and a finding that such person, agency, organization or
    institution has voluntarily assumed the obligation of support in
    writing. The preceding sentence shall not be construed to prevent
    any court from ordering the support of a child by an agency of
    the State or county which agency may be responsible under law for
    such support.
    (c) Payments ordered for the support of a minor child shall
    be in such amount as to meet the reasonable needs of the child
    for health, education, and maintenance, having due regard to the
    estates, earnings, conditions, accustomed standard of living of
    the child and the parties, the child care and homemaker
    contributions of each party, and other facts of the particular
    case. Payments ordered for the support of a minor child shall be
    on a monthly basis, due and payable on the first day of each
    month. The requirement that orders be established on a monthly
    basis does not affect the availability of garnishment of
    disposable earnings based on an obligor's pay period.
    The court shall determine the amount of child support
    payments by applying the presumptive guidelines established
    pursuant to subsection (c1). However, upon request of any party,
    the Court shall hear evidence, and from the evidence, find the
    facts relating to the reasonable needs of the child for support
    and the relative ability of each parent to provide support. If,
    after considering the evidence, the Court finds by the greater
    weight of the evidence that the application of the guidelines
    would not meet or would exceed the reasonable needs of the child
    considering the relative ability of each parent to provide
    support or would be otherwise unjust or inappropriate the Court
    may vary from the guidelines. If the court orders an amount other
    than the amount determined by application of the presumptive
    guidelines, the court shall make findings of fact as to the
    criteria that justify varying from the guidelines and the basis
    for the amount ordered.
    Payments ordered for the support of a child shall terminate
    when the child reaches the age of 18 except:
    (1) If the child is otherwise emancipated, payments
    shall terminate at that time;
    (2) If the child is still in primary or secondary
    school when the child reaches age 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.
    In the case of graduation, or attaining age 20, payments
    shall terminate without order by the court, subject to the right
    of the party receiving support to show, upon motion and with
    notice to the opposing party, that the child has not graduated or
    attained the age of 20.
    (c1) Effective July 1, 1990, the Conference of Chief
    District Judges shall prescribe uniform statewide presumptive
    guidelines for the computation of child support obligations of
    each parent as provided in Chapter 50 or elsewhere in the General
    Statutes and shall develop criteria for determining when, in a
    particular case, application of the guidelines would be unjust or
    inappropriate. Prior to May 1, 1990 these guidelines and criteria
    shall be reported to the General Assembly by the Administrative
    Office of the Courts by delivering copies to the President Pro
    Tempore of the Senate and the Speaker of the House of
    Representatives. The purpose of the guidelines and criteria shall
    be to ensure that payments ordered for the support of a minor
    child are in such amount as to meet the reasonable needs of the
    child for health, education, and maintenance, having due regard
    to the estates, earnings, conditions, accustomed standard of
    living of the child and the parties, the child care and homemaker
    contributions of each party, and other facts of the particular
    case. The guidelines shall include a procedure for setting child
    support, if any, in a joint or shared custody arrangement which
    shall reflect the other statutory requirements herein.
    Periodically, but at least once every four years, the
    Conference of Chief District Judges shall review the guidelines
    to determine whether their application results in appropriate
    child support award amounts. The Conference may modify the
    guidelines accordingly. The Conference shall give the Department
    of Health and Human Services, the Administrative Office of the
    Courts, and the general public an opportunity to provide the
    Conference with information relevant to the development and
    review of the guidelines. Any modifications of the guidelines or
    criteria shall be reported to the General Assembly by the
    Administrative Office of the Courts before they become effective
    by delivering copies to the President Pro Tempore of the Senate
    and the Speaker of the House of Representatives. The guidelines,
    when adopted or modified, shall be provided to the Department of
    Health and Human Services and the Administrative Office of the
    Courts, which shall disseminate them to the public through local
    IV-D offices, clerks of court, and the media.
    Until July 1, 1990, the advisory guidelines adopted by the
    Conference of Chief District Judges pursuant to this subsection
    as formerly written shall operate as presumptive guidelines and
    the factors adopted by the Conference of Chief District Judges
    pursuant to this subsection as formerly written shall constitute
    criteria for varying from the amount of support determined by the
    guidelines.
    (d) In non-IV-D cases, payments for the support of a minor
    child shall be ordered to be paid to the person having custody of
    the child or any other proper person, agency, organization or
    institution, or to the State Child Support Collection and
    Disbursement Unit, for the benefit of the child. In IV-D cases,
    payments for the support of a minor child shall be ordered to be
    paid to the State Child Support Collection and Disbursement Unit
    for the benefit of the child.
    (d1) For child support orders initially entered on or after
    January 1, 1994, the immediate income withholding provisions of
    G.S. 110-136.5(c1) shall apply.
    (e) Payment for the support of a minor child shall be paid
    by lump sum payment, periodic payments, or by transfer of title
    or possession of personal property of any interest therein, or a
    security interest in or possession of real property, as the court
    may order. The court may order the transfer of title to real
    property solely owned by the obligor in payment of arrearages of
    child support so long as the net value of the interest in the
    property being transferred does not exceed the amount of the
    arrearage being satisfied. In every case in which payment for the
    support of a minor child is ordered and alimony or postseparation
    support is also ordered, the order shall separately state and
    identify each allowance.
    (e1) In IV-D cases, the order for child support shall
    provide that the clerk shall transfer the case to another
    jurisdiction in this State if the IV-D agency requests the
    transfer on the basis that the obligor, the custodian of the
    child, and the child do not reside in the jurisdiction in which
    the order was issued. The IV-D agency shall provide notice of the
    transfer to the obligor by delivery of written notice in
    accordance with the notice requirements of Chapter 1A-1, Rule
    5(b) of the Rules of Civil Procedure. The clerk shall transfer
    the case to the jurisdiction requested by the IV-D agency, which
    shall be a jurisdiction in which the obligor, the custodian of
    the child, or the child resides. Nothing in this subsection shall
    be construed to prevent a party from contesting the transfer.
    (f) Remedies for enforcement of support of minor children
    shall be available as herein provided.
    (1) The court may require the person ordered to
    make payments for the support of a minor child to secure the same
    by means of a bond, mortgage or deed of trust, or any other means
    ordinarily used to secure an obligation to pay money or transfer
    property, or by requiring the execution of an assignment of
    wages, salary or other income due or to become due.
    (2) If the court requires the transfer of real or
    personal property or an interest therein as provided in
    subsection (e) as a part of an order for payment of support for a
    minor child, or for the securing thereof, the court may also
    enter an order which shall transfer title as provided in G.S. 1A-
    1, Rule 70 and G.S. 1-228.
    (3) The remedy of arrest and bail, as provided in
    Article 34 of Chapter 1 of the General Statutes, shall be
    available in actions for child-support payments as in other
    cases.
    (4) The remedies of attachment and garnishment, as
    provided in Article 35 of Chapter 1 of the General Statutes,
    shall be available in an action for child-support payments as in
    other cases, and for such purposes the child or person bringing
    an action for child support shall be deemed a creditor of the
    defendant. Additionally, in accordance with the provisions of
    G.S. 110-136, a continuing wage garnishment proceeding for wages
    due or to become due may be instituted by motion in the original
    child support proceeding or by independent action through the
    filing of a petition.
    (5) The remedy of injunction, as provided in
    Article 37 of Chapter 1 of the General Statutes and G.S. 1A-1,
    Rule 65, shall be available in actions for child support as in
    other cases.
    (6) Receivers, as provided in Article 38 of Chapter
    1 of the General Statutes, may be appointed in action for child
    support as in other cases.
    (7) A minor child or other person for whose benefit
    an order for the payment of child support has been entered shall
    be a creditor within the meaning of Article 3A of Chapter 39 of
    the General Statutes pertaining to fraudulent conveyances.
    (8) Except as provided in Article 15 of Chapter 44
    of the General Statutes, a judgment for child support shall not
    be a lien against real property unless the judgment expressly so
    provides, sets out the amount of the lien in a sum certain, and
    adequately describes the real property affected; but past due
    periodic payments may by motion in the cause or by a separate
    action be reduced to judgment which shall be a lien as other
    judgments.
    (9) An order for the periodic payments of child
    support is enforceable by proceedings for civil contempt, and its
    disobedience may be punished by proceedings for criminal
    contempt, as provided in Chapter 5A of the General Statutes.
    Notwithstanding the provisions of G.S. 1-294,
    an order for the payment of child support which has been appealed
    to the appellate division is enforceable in the trial court by
    proceedings for civil contempt during the pendency of the appeal.
    Upon motion of an aggrieved party, the court of the appellate
    division in which the appeal is pending may stay any order for
    civil contempt entered for child support until the appeal is
    decided, if justice requires.
    (10) The remedies provided by Chapter 1 of the
    General Statutes, Article 28, Execution; Article 29B, Execution
    Sales; and Article 31, Supplemental Proceedings, shall be
    available for the enforcement of judgments for child support as
    in other cases, but amounts so payable shall not constitute a
    debt as to which property is exempt from execution as provided in
    Article 16 of Chapter 1C of the General Statutes.
    (11) The specific enumeration of remedies in this
    section shall not constitute a bar to remedies otherwise
    available.
    (g) An individual who brings an action or motion in the
    cause for the support of a minor child, and the individual who
    defends the action, shall provide to the clerk of the court in
    which the action is brought or the order is issued, the
    individual's social security number. The child support order
    shall contain the social security number of the parties as
    evidenced in the support proceeding.
    (h) Child support orders initially entered or modified on
    and after October 1, 1998, shall contain the name of each of the
    parties, the date of birth of each party, the social security
    number of each party, and the court docket number. The
    Administrative Office of the Courts shall transmit to the
    Department of Health and Human Services, Child Support
    Enforcement Program, on a timely basis, the information required
    to be included on orders under this subsection. (1967, c. 1153,
    s. 2; 1969, c. 895, s. 17; 1975, c. 814; 1977, c. 711, s. 26;
    1979, c. 386, s. 10; 1981, c. 472; c. 613, ss. 1, 3; 1983, c. 54;
    c. 530, s. 1; 1985, c. 689, s. 17; 1985 (Reg. Sess., 1986), c.
    1016; 1989, c. 529, ss. 1, 2; 1989 (Reg. Sess., 1990), c. 1067,
    s. 2; 1993, c. 335, s. 1; c. 517, s. 5; 1995, c. 319, s. 9; c.
    518, s. 1; 1997-433, ss. 2.1(a), 2.2, 4.4, 7.1; 1997-443, ss.
    11A.118(a), 11A.122; 1998-17, s. 1; 1998-176, s. 1; 1999-293, ss.
    3, 4; 1999-456, s. 13.)



    [url]http://www.ncga.state.nc.us/statutes/statutes%5Fin%5Fhtml/chp0500.html[/url]

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