Legal Question in Family Law in North Carolina

My question is about child support. We have a 24 year old special needs daughter, Lori, who has been legally declared 'an incompetent person'. My wife is the sole guardian of the person. Lori is drawing social security, about seven hundred a month, which goes directly into her mother's bank account. Lori has also been very recently approved for the "Innovations" program here in North Carolina, which means the state will furnish all her special needs. My wife claims I will still be expected to pay child support after a divorce. Is she right?


Asked on 10/13/15, 6:01 am

1 Answer from Attorneys

The short answer is - your wife is likely wrong! But why would you think you would need to pay child support for a 24 year old woman? In North Carolina child support is for children and ends at 18. There are 2 exceptions: 1) the child has reached 18 but is still in school (this is secondary (high school) not college / trade school) and 2) if you are stupid enough to agree to pay longer in a contractual agreement such as a Separation Agreement. Otherwise, unless one of the two exceptions applies, despite what your wife may think, want and / or demand - you don't have to pay squat for child support unless you want to! Good luck!

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Answered on 10/13/15, 9:02 am


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