Welsher v. Rager

127 N.C. App. 521, 491 S.E.2d 661 (1997)

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Welsher v. Rager

North Carolina Court of Appeals
127 N.C. App. 521, 491 S.E.2d 661 (1997)

Facts

Rosemarie Welsher (plaintiff) and Paul Rager (defendant), New York residents, were divorced in 1980. In 1985, the parties signed an agreement obligating Rager to pay $45 in weekly child support for the parties’ two sons. The New York court issued an order recognizing the child-support agreement. Rager later moved to North Carolina and stopped paying child support in 1995, when the children were 18 and 21 years old. Pursuant to New York law, a parent’s child-support obligation lasts until a child reaches age 21. Pursuant to North Carolina law, the obligation ends when a child reaches age 18. Welsher filed the New York child-support order in North Carolina state court and petitioned the court to enforce the order. Rager objected, arguing that the parties’ original 1980 divorce decree mandated child support only until the children reached age 18 and graduated from high school, that he had not knowingly agreed to pay child support until the children reached age 21, and that he did not believe that it was justifiable to require him to make child-support payments after his children reached age 18. Rager did not provide the court with any documentation concerning the parties’ original divorce decree. The trial court denied Welsher’s petition, and Welsher appealed.

Rule of Law

Issue

Holding and Reasoning (Timmons-Goodson, J.)

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