Legal Question in Family Law in Virginia

Modification of Emancipation Age

I was divorced in Texas. Within that decree was an order for child support until my son reached the age of 18. I then moved to Florida. I applied with the Child Support Enforcement Agency there for help in getting my support payments. The FL agency went to my husband's state (MI) to seek support enforcement. That court issued an order raising the amount of support and extending payments to the age of 19 years and 6 months or until my son graduates high school. I now live in VA and have transferred my case here. They now tell me that the MI court had no authority to change the date of emancipation beyond age 18 and that the original Texas order should have been changed. I'm also told that it's too late to do this now, as my son is now 19 years and 2 months, and it should have been done before he turned 18. Is this right? Is there anything I can do?


Asked on 3/05/03, 7:25 pm

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

Re: Modification of Emancipation Age

There would appear to be little value in trying to

transfer your case into Virginia's jurisdiction

at this late date, given your son's age and the fact that your husband's obligation to support him will, under the MI order,apparently terminate in around four months.

If there are arrearages owed under the MI-Florida Uniform Reciprocal Enforcement of Support

Act (URESA)order, perhaps, if you request it, Florida will aggree to continue to receive the monies from Michigan and forward them to you in Virginia or, if that's not possible, if you make the request to the Michigan court, they

may be able to collect whatever arrearages are owed and send these amounts directly to you in Virginia.

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Answered on 3/05/03, 11:08 pm


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