Legal Question in Family Law in Virginia

Child Support

I have recieved regular child support checks in the past. My child will be 18 soon, has already graduated high school. She will be attending College in the fall. Will I still be entitled to for child support???


Asked on 6/26/06, 9:20 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Support

Only if you have an valid agreement with the noncustodial parent that he or she will continue to pay support while the child attends college.

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Answered on 6/26/06, 9:55 am
James Wilson James H. Wilson, Jr., Attorney & Counsellor at Law

Re: Child Support

Congratulations on successfully raising your daughter to attend college. This can be more difficult to achieve for a divorced parent.

You should consult with a Virginia attorney to discuss the application of the law to the facts of your situation. The following is general legal information on the duration of child support in Virginia.

Section 124.2 (C) of Title 20 of the Code of Virginia provides as follows:

�C. The court may order that support be paid for any child of the parties. The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs. The court may also order the continuation of support for any child over the age of 18 who is (i) severely and permanently mentally or physically disabled, (ii) unable to live independently and support himself, and (iii) resides in the home of the parent seeking or receiving child support. In addition, the court may confirm a stipulation or agreement of the parties which extends a support obligation beyond when it would otherwise terminate as provided by law. The court shall have no authority to decree support of children payable by the estate of a deceased party. The court may make such further decree as it shall deem expedient concerning support of the minor children, including an order that any party provide health care coverage.�

As you can see in the fourth sentence of this code subsection, the court may extend the duration of this obligation by confirming a stipulation or agreement of the parties to continue paying support beyond the minimum requirements of the statute.

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Answered on 6/26/06, 10:28 am


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