14-09-08.2. Support for children after majority - Retroactive application

14-09-08.2. Support for children after majority - Retroactive application 1. A judgment or order requiring the payment of child support until the child attains majority continues as to the child until the end of the month during which the child is graduated from high school or attains the age of nineteen years, whichever occurs first, if: a. The child is enrolled and attending high school and is eighteen years of age before the date the child is expected to be graduated; and b. The child resides with the person to whom the duty of support is owed. 2. A judgment or order may require payment of child support after majority under substantially the circumstances described in subsection 1. 3. The person to whom the duty of support is owed under either subsection 1 or 2 may file a declaration with the child support agency stating that the requirements of subsection 1 are met, the school in which the child is enrolled, and the anticipated date of the child's graduation. Upon filing of the declaration, the child support resumes pursuant to subsection 1 or pursuant to the terms of a judgment or order described in subsection 2. A fee may not be charged for filing the declaration. 4. The child support agency shall serve the declaration by first-class mail upon the person owing the duty of support. If at any time thereafter the person owing the duty of support files a motion with the court, supported by that person's declaration that the child is no longer enrolled in or attending high school or is no longer residing with the person to whom the duty of support is owed, the court shall determine if the child is enrolled in and attending high school and residing with the person to whom the duty of support is owed and shall enter an order accordingly. The duty of support terminates by operation of law if the person to whom the duty is owed files a declaration with the child support agency confirming the requirements of subsection 1 are no longer met. 5. This section applies to child support orders concerning children described in subsection 1 or 2, regardless of the date of entry of the order. 6. This section does not preclude the entry of an order for child support which continues after the child reaches age eighteen, if the parties agree, or if the court determines the support to be appropriate. 7. For purposes of this section: a. A child is treated as being in school during summer vacation if the child was enrolled in and attending school and did not graduate from high school at the end of the school period immediately preceding the summer vacation; and b. A child is not considered to have graduated, even if all required coursework and examinations have been completed, until the ceremony is held by the school to commemorate the child's graduation. For good cause shown by the individual owing the duty of support, the court may determine the child graduated upon completion of all required coursework and examinations if the time between completion of coursework and examinations and the ceremony exceeds ninety days.