Legal Question in Family Law in Virginia

Re: Child support in VA

The controlling document is going to be the original property and settlement agreement, especially if it was incorporated into the final decree of divorce. In Virginia an emancipating event will terminate child support. Usually that emancipating event is when the child reaches the age of 18 years and is no longer a full-time high school student. A judge in Virginia can extend child support beyond the age of majority but will only do so if the provisions of � 20-124.2(B) are met, which recognizes that "the court may also order the continuation of support for any child over the age of eighteen 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.� An attorney should review your previous property settlement agreement and divorce decree to make sure that the laws of the jurisdiction where the divorce was entered do not supersede the laws of Virginia as they relate to child support and the emancipating event of a child reaching the age of 18 and completing high school.

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