Legal Question in Family Law in Virginia

Virginia Child Support

My husband's ex-wife has physical custody of their daughter, but she is currently incarcerated. The daughter chooses to live with her maternal grandmother as her friends and boyfriend live in that area. The daughter does not have access to the money that is sent through the Child Support Enforcement Agency and the mom will do nothing to help her get any of this money. The daughter is 16 and will be taking the GED next month.

Their divorce papers state ''$xxx shall be paid until said child attains the age of 18 years, marries, becomes self-supporting, or otherwise becomes emancipated, whichever first occurs; provided, however, if the child is a full time high school student upon attaining the age of 18, until such child graduates from high school or attains the age of 19, which ever first occurs.''

When she obtains her GED, would our obligation end so that we can pay his daughter directly until she turns 18 so that she can have that money?

Thank you!


Asked on 12/28/05, 8:00 pm

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Virginia Child Support

Your obligation will end at EITHER (1) her 18th Birthday OR (2) until 19 if she is a full time high school student and living with the custodial parent. This is the Code of Virginia. SO. Since she is not a full time high school student and is not living in the home of her custodial parent the support obligation ends at age 18. Passing the GED is not equivalent to being a full time high school student.

The grandmother should get custody so the support would go to her.

Good luck.

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Answered on 12/30/05, 11:17 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Virginia Child Support

You have failed to clarify a very important point: Where exactly is the child support which your husband is paying thru DCSE now going and for whose benefit?

It may be that you need to notify the appropriate persons within DCSE so that the

proper steps can be taken to ensure that this child support in fact reaches the one for whom it is intended(and, obviously, I'm not referring to the incarcerated mother).

And, no, forget about paying the child directly

for numerous reasons that I will not go into here.

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Answered on 12/29/05, 11:49 am


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