Legal Question in Family Law in Virginia
Can Child support be enforced even after the child is 18 if she is going to college?
Asked 30 minutes ago - Leesburg, VA
My daughter just graduated from high school in June. Can I get my ex. husband to continue child support payments if she is going to college at Old Dominion University in the fall.
Additional information
He wants to terminate his child support due to her being 18, but, the College tuition is $18,000 a year, so he needs to come up with half. Do I have a case?
2 Answers from Attorneys
No, you don't "have a case" unless there was a prior agreement in your property settlement agreement incorporated in your divorce decree that would require your former husband to support your daughter beyond age 18 while she is in attendance at college or university for a certain number of years or until she reaches about age 23.
The Virginia legislature has not given Virginia courts the power to order child support beyond the age of 18 if the child has graduated high school; nor has the legislature given the courts any ability at all to order a parent to pay for the college education of a child. The court does have limited power to enforce agreements between the parties as to those issues, if such an agreement exists.
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