Legal Question in Family Law in Virginia
Child's responsibility for child support eligibility
I have a 16 year old child who has dropped out of school with his custodial parent's permission. I live in Virginia Beach; she lives in Charlottesville, VA; however the divorce agreement stating child support was finalized in West Virginia. Am I responsible for continuing payment on a child who is not attending any institution providing an education? Which jurisdiction takes precedence?
1 Answer from Attorneys
Child Support for Dropout
This response to your posting is not considered to be the giving of legal advice or the establishment of an attorney-client relationship. Accurate legal advice can only be given upon a fuller statement of facts than is contained in your posting and, in this Office, the attorney-client relationship is only undertaken upon the execution of a written fee agreement.
Since the child support obligation was included in the West Virginia divorce decree, that state's law applies to determine when child support terminates. Under Virginia law, a non-custodial parent is required to contribute to the support of the child until he or she reaches 18 years of age, irrespective of whether the child is in school. Virginia law would also provide that, if the child is over 18, is not self supporting and resides with the custodial parent, the support obligation can be extended until the child reaches 19 or graduates from high school, whichever occurs first. You need to consult your West Virginia attorney about this problem.