Legal Question in Family Law in Virginia

child support after 18

My daughter is reaching the age of 18 and planning to enter a coledge when accepted .Her mother informs me that if I take her back to court that she has the legal right to get half of her tuition paid back to her .There is not an agreement writen to the effect that I wouldn,t try to get support reduced and be theatend with this ,there,s also not an agreement that I would pay 50% of her tuition .I suport my daughter and assist her to the best of my abbility

Asked on 2/22/01, 4:38 pm

2 Answers from Attorneys

Glenn R. Tankersley Regency Legal Clinic
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Re: child support after 18

Virginia law is very specific on this point:

16.1-278.15. (Effective until July 1, 2001 and after July 1, 2003) Custody or visitation, child or spousal support generally.

A. In cases involving the custody, visitation or support of a child pursuant to subdivision A 3 of 16.1-241, the court may make any order of disposition to protect the welfare of the child and family as may be made by the circuit court. If support is ordered for a child, the order shall also provide that support will continue to be paid for a child over the age of eighteen who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the parent seeking or receiving child support, until the child reaches the age of nineteen or graduates from high school, whichever occurs first. The court may also order the continuation of support for any child over the age of eighteen who is (i) severely and permanently mentally or physically disabled, (ii) unable to live independently and support himself, and (iii) resides in the home of the parent seeking or receiving child support.

That about says it all. Now, if the child support was ordered in another state, you would have to inquire as to THAT state's law to have the correct answer. If it were ordered in another state and being enforced against you in Virginia, you would have a whole other question involving the fascinating area of the law known as "conflict of laws". Without researching Virginia case law, all I can say is that my gut feeling is that Virginia would apply its own standard. Remember, though, besides all the case law, whole scholarly treatises have been written on the subject of conflict of laws. If it is that situation, you need to retain counsel to thoroughly research it for you.

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4/06/01, 10:23 am
Michael Wilson Michael T. Wilson, Attorney and Counselor at Law
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Re: child support after 18

Generally speaking, unless there is a written agreement that provides otherwise child support ceases when the child is beyond the age of eighteen (18) or if child is a full-time high school student, not self-supporting and living at home with Wife, in which event child support shall continue until child reaches the age of nineteen (19) years or graduates from high school, whichever first occurs.

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4/05/01, 9:14 am

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