Co-Counsel Bulletins

Termination of Child Support

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When child support is set out in a court order (or a separation agreement incorporated into a divorce decree), it may become necessary to file a motion to end child support.  This is so when the instrument does not specify a clear ending date which can be objectively proven, such as age eighteen (and proven by a birth certificate or the findings in a prior court order).  What if, as North Carolina law provides, the support ends at age 18 or high school termination, whichever comes later?  In such a case, it might be necessary to attach a copy of the high school diploma or the school transcript to the motion to end child support. 
The motion for termination of child support is particularly important when the payments are through garnishment and/or through North Carolina’s Centralized Collections (or another state’s payment agency).  Until there is an order to terminate the support, properly served, the agency will continue to bill the noncustodial parent and the employer will continue to collect money from each paycheck.

1. Here is an example of a motion to terminate child support.

STATE OF NORTH CAROLINA
COUNTY OF _____

      IN THE GENERAL COURT OF JUSTICE
              DISTRICT COURT DIVISION
                    FILE NO. 94 CVD 1234
      

 

JANE P. DOE,
Plaintiff

v.

JOHN Q. DOE,
Defendant.

 

 

MOTION TO TERMINATE CHILD SUPPORT

Defendant moves this court for an order terminating child support.  He shows the court that:

  1. He is the father of a child, Sammy Doe, born May 19, 1990.
  1. In an order of this court dated July 20, 1994, defendant was ordered to pay child support of $700 a month for said child.
  1. [optional] The order provided for termination of child support when the minor child attained age 18 or was graduated from high school, whichever came later.
  1. The minor child attained age 18 on May 19, 2008.  He was graduated from high school on June 3, 2008, as shown by the attached high school diploma from Bent Tree High School.  He is no longer eligible for child support.

____________________________________________                    Date: August 29, 2008
John Q. Doe, Defendant (Pro Se)
123 Green Street, Apex, NC 27611
919-555-1212

                                                     CERTIFICATE OF SERVICE
I have delivered a copy of this motion to the plaintiff by:
___ Personal delivery ___ Facsimile transmission to 910-223-2267
___ Mailing a copy thereof, postage prepaid and properly addressed, to: Jane P. Doe, 223 Dixon Avenue, Greenville, SC 28777.

________________________________________                Date: ___________
John Q. Doe, Defendant (Pro Se)
123 Green Street, Apex, NC 27611
919-555-1212

……………………………………
2. When the custodial parent agrees to end child support, this consent form should also be filed.

STATE OF NORTH CAROLINA
COUNTY OF _____

      IN THE GENERAL COURT OF JUSTICE
              DISTRICT COURT DIVISION
                    FILE NO. 94 CVD 1234
       

 

JANE P. DOE,
Plaintiff

v.

JOHN Q. DOE,
Defendant.

 

 

CONSENT TO TERMINATION OF  CHILD SUPPORT

Plaintiff consents to the motion of defendant to terminate child support for the parties’ child, Sammy Doe, born May 19, 1990.

____________________________________________                    Date: ________
Jane P. Doe, Plaintiff (Pro Se)
223 Dixon Avenue, Greenville, SC 28777
919-333-2299

………………………………………….
3. If the court requires the moving party to prepare the appropriate order, this example should suffice.

STATE OF NORTH CAROLINA
COUNTY OF _____

      IN THE GENERAL COURT OF JUSTICE
              DISTRICT COURT DIVISION
                    FILE NO. 94 CVD 1234
      

 

JANE P. DOE,
Plaintiff

v.

JOHN Q. DOE,
Defendant.

 

 

ORDER TERMINATING CHILD SUPPORT

This cause came before the court on the motion of defendant for an order terminating child support of the child of the parties, Sammy Doe, born May 19, 1990.  It was made to appear to the court that:

  1. In an order of this court dated July 20, 1994, defendant was ordered to pay child support of $700 a month for said child.
  1. [optional] The order provided for termination of child support when the minor child attained age 18 or was graduated from high school, whichever came later.
  1. The minor child attained age 18 on May 19, 2008.  He was graduated from high school on June 3, 2008.  He is no longer eligible for child support.

The court concludes that the defendant is entitled to an order terminating child support.

IT IS THEREFORE ORDERED that the child support for said child is hereby terminated.

____________________________________________                    Date: ___________
District Court Judge

…………………………………………….
4. Here is the certificate of service which should be used for the order.

STATE OF NORTH CAROLINA
COUNTY OF _____

   IN THE GENERAL COURT OF JUSTICE
            DISTRICT COURT DIVISION
                  FILE NO. 94 CVD 1234
      

 

JANE P. DOE,
Plaintiff

v.

JOHN Q. DOE,
Defendant.

 

 

CERTIFICATE OF SERVICE  - ORDER TERMINATING CHILD SUPPORT

I have delivered a copy of the order terminating child support to the plaintiff by:

___ Personal delivery             ___ Facsimile transmission to 910-223-2267

___ Mailing a copy thereof, postage prepaid and properly addressed, to:  Jane P. Doe, 223 Dixon Avenue, Greenville, SC 28777.

________________________________________                Date: ___________
John Q. Doe, Defendant (Pro Se)
123 Green Street, Apex, NC 27611
919-555-1212

[rev. 9/8/08]

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The CO‑COUNSEL BULLETIN series of information papers for JAG officers in North Carolina is a product of the NC State Bar's Standing Committee on Legal Assistance for Military Personnel (LAMP).  For comments or corrections, contact LAMP Committee member Mark E. Sullivan, 919‑832‑8507, or at Mark.Sullivan@ncfamilylaw.com.

 

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