Legal Question in Family Law in Virginia
my stepson is currently incarcerated and suffers from a drug addiction. His mother constantly asks for more money which my stepson tells us she uses for herself. He will be turning 18 in May and is facing several more months of incarceration. She is now asking that my husband pay child support beyond 18. What are my husbands rights when it comes to this issue?
2 Answers from Attorneys
Your husband's obligation to pay child support should end
when his son turns age 18 (whether he is incarcerated or not) absent
a provision in a property settlement agreement incorporated
into your husband's final decree of divorce which may extends his support
obligation until his son finishes his college education at age 22 or 23.
If the boy were in high school, the obligation would terminate when he
turns age 19 or graduates, whichever occurs first.