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child support after age 18

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chiliepep

Guest
What is the name of your state? nc

I live in nc, but my divorce was in Lexington County, SC. I have received child support through the family court there since 1991. My daughter turned 18 in Dec '01 and is starting college next week. I was able to acquire financial aide for her, but today received an order my ex-husband filed to terminate child support. He has been paying it all along....my son is 22 and is also attending college. What is the law concerning child support after age 18.....and do I go to a court here in nc or sc where my divorce and child support decrees are? Help, please.
 


L

Lil Miss Smarty Panties

Guest
Both state guidelines, NC & SC, says child support ends after age 18 or when they graduate from high school.
 

VeronicaGia

Senior Member
Lil Miss Smarty Pants is correct, however, if it is stated in your divorce papers that support will continue past legal age, then he will have problems with emancipation. If there is nothing in the divorce decree and state law says 18, then they will be emancipated.

As it is, he paid for four years extra on one "child" when he could have emancipated that "child" four years ago, so in a way, you got lucky.
 

kat1963

Senior Member
South Carolina:
Court may order college support. Risinger v. Risinger, 273 S.C. 36, 253 S.E.2d 652 (1979); West v. West, 309 S.C. 28, 419 S.E.2d 804 (Ct. App. 1992) (jurisdiction of the family court is permitted in cases of children over 18 years of age where exceptional circumstances warrant it; family court judge may require a parent to contribute that amount of money necessary to enable a child over 18 to attend high school and four years of college, where there is evidence that: (1) the characteristics of the child indicate that he or she will benefit from college; (2) the child demonstrates the ability to do well, or at least make satisfactory grades; (3) the child cannot otherwise go to school; and (4) the parent has the financial ability to help pay for such an education).

In order to try and fight (and I'm still saying TRY here, no reason to do a happy dance for sure) you will also need to answer his petition ASAP. If you don't you risk him asking the judge to not allow any of your evidence due to the fact you failed to respond. Which, depending on the judge, you'd just get to stand there and not be allowed to say much of anything in your defense of wishing to continue child support.

Please seek the advice of a family attorney near where his petition was filed. Since there is distance involved, it should be possible to obtain a consult (free or low cost) by phone & faxing in the paperwork from the court.

Good Luck

KAT
 

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