Legal Question in Family Law in North Carolina
I need assistance with child support modification and stopping due to emancipati
I honestly hope someone can assist me in this very long and frustrating matter. My daughter who currently resides in North Carolina, turned 18 May, 2000, and is working full time and is emancipated. On top of that, due to the birth of my second child in 1998, have been trying to modify the child support owed for over 2 years before my daughter turned 18. My ex-wife wants my to continue to pay child support until my daughter is 21, and she is not currently in school and has no right to demand that of me. I am now attempting to stop the support from being garnished from my paycheck, and since I live in New Jersey and my ex-wife lives in North Carolina and North Carolina does not have out of state lawyers representing these matters. I cannot go down and represent myself, fear of losing my current job, and the financial burden it will place upon me. Can you assist me with this complicated matter? This matter per the request of my ex-wife was moved from New Jersey jurisdiction to North Carolina and I can no longer do anything on this end up here. I hope you can help me so we can but this matter to rest. Thank you for your consideration.
1 Answer from Attorneys
Re: I need assistance with child support modification and stopping due to emanci
North Carolina requires support until the minor child reaches 18
generally (although under some disabilities, the
support may continue) or until the child
graduates from high school or until the child
has become emancipated and has clearly abandoned
education and gone to work.
Someone must file a Motion to Modify the support
in district court. As long as you are correct in
your facts and as long as this support you are
paying is not for accrued arrearages of
past support obligations, the court should
grant your Motion.
Call the clerk of court in the county where
the Motion is to be brought and ask for
some names adn phone numbers of lawyers.
There will be a list of lawyers who are
on a court appointed list who take these
kind of matters. Good luck. Have your
documentation ready showing you are
current and be ready to show the child is no
longer in high school or disabled. I have
seen mothers lie about whether the child
is going back to school.
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