Legal Question in Family Law in North Carolina

Child support continues until the child turns 18 or graduates, whichever is later, unless the child is emancipated. Is the child emancipated? If he is over 18 and still has not graduated, then you have to show that the child is making sufficent academic progress. See 50-13.4(c) which says:

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.

Emancipation means that the child will be treated like an adult - the child will have to petition the court for it (you cannot) and prove that he or she is capable of supporting him or herself.