Legal Question in Family Law in Virginia

Child Support in VA

What is the law on paying support after the age of 18 in VA? My divorce decree says that I pay until the child reaches the age of majority, marries or graduates high school whichever occurs first. It also says that the agreement cannot be amended, changed or revoked. The divorce took place in Florida. I live in Va, and my ex lives in VA along with our child. The child quit high school, took her GED and is now enrolled in college full time according to her mother. I have recently received a supoena where her mother is asking that I contine to pay support while she is in college. She will turn 18 just 11 days after the court date. Can this happen? Can the judge go against the original agreement which was filed in court in Florida? There are no special cirsumstances with the child.


Asked on 2/17/08, 11:34 am

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

Re: Child Support in VA

No, unless there was a provision in your agreement that was incorporated into your final decree of divorce that obligated you to continue the support through college or until the child reached age 22, or language similar to this, the Virginia court will have no authority to now order you to continue paying support for this child under the circumstances which you've described.

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Answered on 2/18/08, 12:19 am


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