Legal Question in Family Law in Virginia
Child Support Stoppage
I receive child support for my daughter. She turned 18 in January and dropped out of high school. If I lose child support can I get my alimony increased. Also, I was told I found have to pay back the child support that I have received since January since she isn't eligible anymore, is this true?
1 Answer from Attorneys
Re: Child Support Stoppage
If the obligor(payer) is obligated to pay until the child turns 19 or graduates from high school, which ever occurs first, then he must continue to pay until one or the other happens which is when his support obligation for your daughter will cease and not before, and you would not be obligated to return any support paid prior to one or the other of these conditions coming about.
However, merely because the child support which you are now receiving will apparently terminate rather soon, is not a reason to believe that a court is likely to give you an increase in alimony as the two are separate issues with separate underlying legal considerations.