Legal Question in Family Law in Virginia

Virginia child support question: I have a current child support order to pay until my kids turn 18yrs of age or graduation (whichever occurs first). After reviewing my support order in December 2011, I discovered the state of Virginia was still deducting support for one child who graduated from high school in June 2011. So I requested a support review and they scheduled me for June 2012. In the meantime, my 16yr old just received his GED in April 2012. Should I seek legal counsel to represent me The appeal for the amount that was deducted for over a year for the one who graduated and to ensure that payments are reduced for the one that has his GED?

Asked on 4/23/12, 7:45 am

2 Answers from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

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Your child support order almost certainly states that you pay child support until each child reaches 18, or if the child has not graduated high school, until the earlier of age 19 or graduation from high school. GED in April 2012, you will still be obligated to pay child support for that child until he reaches 18, unless a court orders that he is then emancipated.

"The court may enter an order declaring the minor emancipated if, after a hearing, it is found that: (i) the minor has entered into a valid marriage, whether or not that marriage has been terminated by dissolution; or (ii) the minor is on active duty with any of the armed forces of the United States of America; or (iii) the minor willingly lives separate and apart from his parents or guardian, with the consent or acquiescence of the parents or guardian, and that the minor is or is capable of supporting himself and competently managing his own financial affairs."

Answered on 4/23/12, 8:54 am

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