Legal Question in Family Law in Virginia

Must Child Support Still Be Paid?

According to my husband's divorce papers, he must pay child support 'until said child attains the age of 22 yrs, finishes school, or becomes emancipated, whichever comes first.' The child is now 20, attending VMI on a full term basis, and to our knowledge, enlisted in the US Army (we cannot get confirmation yet). He may also be earning a stipend. Either way, due to the wording, I believe he is certainly emancipated and school does not necessarily equal college, it could easily have meant high school. Must he still pay child support? Could he file for her to pay back what he's overpaid her? Assuming he could not just stop paying support, would we have to find a lawyer in VA? We are in SC, divorce was in VA.


Asked on 11/13/06, 4:25 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Must Child Support Still Be Paid?

If your husband's child is now 20 years of age and attending VMI, he is considered neither enlisted in the U.S. Army nor is he legally emancipated, and yes, your husband will have to continue paying the support provided for in the Virginia decree untill either the young man attains age 22 or finishes college(which the term school typically refers to in these kinds of provisions), whichever happens first.

However, if in fact you determined that the young man had dropped out of school and either was in the army or had taken a job somewhere and was apparently self-supporting, then I would agree with your assessment regarding his emancipation

and the consequent termination of your husband's obligation to support him.

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Answered on 11/13/06, 4:37 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Must Child Support Still Be Paid?

I agree with Mr. Henderson's advice. I would also add that the only ways to terminate the support is to have a Court declare it over. If you just stop the mother will most certainly file a Show Cause to hold him in contempt of Court and if that happens he would have to pay her attorney fees. The best course is to bring an action to terminate support in the place where the decree was entered. You need the proof first before you make such an expensive move. And yes, a Virginia lawyer is necessary. LawGuru is certainly one way to find one, starting with me.

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Answered on 11/13/06, 9:27 pm


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