Wake North Carolina Agreement for Modification of Judgment and Termination of Child Support

State:
Multi-State
County:
Wake
Control #:
US-02558BG
Format:
Word; 
Rich Text
Instant download

Description

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.

A decree nisi (from the Latin nisi, meaning "unless") is a court order that does not have any force until such time that a particular condition is met, such as a subsequent petition to the court or the passage of a specified period of time.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In North Carolina, an order for child support is a judgment that is good for a term of 10 years from the date the payment is due. If an arrearage exists at the time your child turns 18, the parent who is owed the support may file to renew the judgment for a period of 10 more years.

If the obligor parent fails to pay the full amount of child support, they can face contempt of court charges including significant fines and in some circumstances, jail time.

Child support payments do not end automatically. The person who is obligated to make child support payments must request for their child support obligation to end once the child reaches the age of majority or a minor child becomes emancipated.

In North Carolina, NC Gen. Stat. §50-13.4 requires child support to be paid until a child is age 18 or graduates from high school, whichever is longer. Support may end sooner than that if a child becomes emancipated.

CSS automatically reviews child support orders every three years if the family is receiving public assistance. Other orders being enforced through CSS may be reviewed every 36 months if either parent requests such a review.

All parents are responsible for supporting their children, unless the parent's rights have been terminated. If a parent is under the age of 18, his or her parents can be obligated to pay child support until he or she reaches the age of 18. Non-parents are otherwise not responsible for child support.

In North Carolina, the only way to legally alter a child support order is to petition the court for a modification of child support.

Once you have a child support attorney, you can petition the appropriate court to put a stop to your child support payments. You are going to have to attend a court hearing and prove that your obligation should end.

Under South Carolina law, if a family receives public benefits, it takes only five days of a non-custodial parent, usually a father, falling behind on a payment to trigger a civil contempt hearing that could mean ending up in jail for up to a year.

1. North Carolina recognizes a ten year statute of limitation on the collection of child support.

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Wake North Carolina Agreement for Modification of Judgment and Termination of Child Support