Legal Question in Family Law in Virginia

Child Support

I live in VA. I retire from the USN in Aug and rcv 400 dollars a month for 2 children. One who is recovering from braincancer, has short term memory problems still in PT for walking and counseling for depression. She takes 1 or 2 classes a semester and I do not see her moving out for the long term due to her disabilities, she is 20 now. Son will turn 18 in Jun I have asked to go back to court to increase child support as I learned he has a better job and I retire and will pay him approx 800 a month from my retirement. I would like more for daughter and for it to continue until she can go away to school or live on her own. I would like sons to continue during time he is in college as ex helps in no way with college or anything else and again he will rcv money from my retirement. If he helped some with their college that would be great but to pay for 2 kids one who is disabled and retirement looming I am worried. Do you think the courts will agree?


Asked on 2/06/08, 12:15 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Support

Yes, a parent who has a disabled child

who is unable to support her/himself,

has a continuing obligation under Virginia law to support this person even though the child is legally no longer a minor.

However, with respect to your son who turns 18 in June, the father's support obligation will terminate either when he(the son) turns 19 or graduates from high school, whichever occurs first, unless there's been a prior agreement incorporated into your final decree of divorce which obligates the father to continue with his son's support through college(age 22 I believe).

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Answered on 2/07/08, 6:58 am


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