Legal Question in Family Law in Virginia

Termination of Child Support

I live in Alabama, My ex-wife and child lives in Virginia. My child will turn 18 in March and should guadulate from high school this spring. Alabama is sheduling a review of the case Dec 20. they are wanting to double my child support. I have read that according to Virginia law they can not have an review 6 months before they turn 18 or guadute from high school. Also virginia does not have law that I have to pay after 18 or guaduate from high school. How can I stop Alabama from doing the review. What do I need to do? Can Alabama do this?I would appreciate any information. Thank you.


Asked on 12/03/01, 5:58 pm

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

Re: Termination of Child Support

I am not aware of any Virginia law prohibiting the review and modification of a child support order within six months of its date of termination by operation of law.

There are, of course, obvious practical reasons, that argue against such review and modification.

I would suggest that you make the Alabama authorities aware of Virginia law regarding the termination of the duty to pay support through operation of law(which you have correctly summarized).There are, of course, exceptions

to the above rule, where an order or decree incorporates an agreement to extend the parental

duty of support until the child completes college

or in situations where the child is mentally and/or physically disabled and is unable to care for himself.

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Answered on 12/04/01, 12:31 am


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