April 2016 | 784 S.E.2d 206 (N.C. Ct. App. 2016)

Malone v. Hutchinson-Malone (North Carolina 2016)

he North Carolina child support statutes specifically identify the circumstances under which a child support obligation terminates; however, parents can agree to a duration for the obligation that is more generous, but not more restrictive. In this case, the parents’ agreement to continue support as long as their son as a full-time student was more restrictive than the statutory requirement. The case was remanded for review of the request to terminate in light of the statutory requirement and for consideration of the court’s discretionary power to end support.

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