Legal Question in Family Law in Virginia

Am I still reqired to pay child support ?

My son is 18yrs. old, soon to be 19. He failed the 11th grade, last year. He did not return to school, this past Sept. He has decided to go back to school at the beginning of this second semester. He will also be working. I stopped paying child support for him when he did not return to school. Even though he will be in high school, am I still required to begin paying child support on him, with him working a job, and earning some money. Thank you


Asked on 1/24/01, 2:55 pm

2 Answers from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

Re: Am I still reqired to pay child support ?

If your son is in Virginia, child support ends upon graduation from high school or age 19, whichever occurs earlier, unless you have a written agreement to the contrary.

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Answered on 3/08/01, 11:52 am
Glenn R. Tankersley Regency Legal Clinic

Re: Am I still reqired to pay child support ?

The short answer is: probably so.

The question of more concern is: were you ever relieved of the obligation to pay it?

If a court order was entered ordering you to pay child support and you just "stopped" on your own without petitioning the court to terminate or suspend the support order, you, my friend, probably have significant arrearage. You need to check on the status of that Court order, oh, as quickly as, say, YESTERDAY.

Once the child turns 19 your child support obligation ends unless the child is disabled in some way. In that case, you might have to pay (as would the Mom if the child lives outside her home) for the rest of your life.

Until the child turns 19, if still in high school full time, living at home with his mother, and not self supporting (that's a bit more than a paper route, by the way), you are still obligated to pay.

When a child turns 18 (or 19 in those circumstances), the safest thing is to petition the court where the last support order was entered to terminate the order.

Otherwise, those arrears may just keep on growing.

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Answered on 3/08/01, 12:00 pm


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