Legal Question in Family Law in Virginia

Re: Who terminate child support in VA?

Either party can petition for a court order to terminate the child support but it is most important for the non-custodial parent (the payor) to petition so as not to be at the mercy of the other party. Whatever you do DO NOT just stop paying without petitioning the court first.

There is a case pending in the VA Court of Appeals that deals with this issue. It is a very important case which basically holds that if you want to stop paying child support don't rely on separation agreements that appear to allow you to stop paying. Instead the court is forcing everyone to go back to court to stop the payments. In that case the couple signed an agreement in 1991 that provided for "renegotiation" of support on the date each one of thier five children reached 18 or became emancipated. In Aug. of 92 when their oldest child reached age 18, Dad notified the mother and reduced his payments by 25%. In 96 the next oldest child dropped out of high school and began living with two men. In the father's judgment, her actions showed him that she was independent and he considered her emancipated. He reduced his support payments again. Believe it or not in 1998, some 6 YEARS AFTER HE FIRST REDUCED THE PAYMENTS, the mother filed suit against him for failure to pay his full support. The trial court agreed and awarded her $85,332 in past due support and about $20,000 in interest. The Court of Appeals agreed, but it is still pending on appeal. I tell you this to make sure you realize that whatever you do, don't stop paying without a court order.

Notwithstanding the above, in general child support in VA continues until the child reaches 18 or is legally emancipated, but must continue if the child is (i) still in high school, (ii) not self-supporting, and (iii) living in the home of a parent seeking child support. In these situations, support will terminate when the child reaches the age of 19 or graduates from high school, whichever occurs first. But go the extra effort and get a court order to terminate. It could save you much grief later. If you have any questions just call my VA office at 703-598-9220. Cheers.

Re: Who terminate child support in VA?

Either party can. Obviously it is more in the interests of the paying than the receiving parent to do so.

How you do it depends on where the order originated. If it originated in the Department of Social Services Division of Child Support Enforcement, contact their local office to initiate the termination.

If it originated in either the Circuit Court or the Juvenile & Domestic Relations Court, you can petition the appropriate court to terminate it.

You will find either court or the agency pretty cooperative in helping you get it done, although the Circuit Court Clerk may tell you to see a lawyer. Since pleadings are more formal there, if that is the appropriate court, you probably should employ an attorney to make sure it gets done post haste.