Liverpool, NY asked in Child Support for Virginia

Q: After a court order for child support, and my child is held back a year, can I get him to pay support 1 more year.

Our son is now 18 and was just held back.Feb '18 he will be 19 and in 11th grade. He now needs support for another year?

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2 Lawyer Answers

A: In Virginia, child support has to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever occurs first. So the obligation goes until your son turns 19, unless you and the father agree otherwise.

A: Va. Code § 20-124.2 says "C. The court may order that support be paid for any child of the parties. . . . The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs. The court may also order that support be paid or continue to be paid for any child over the age of 18 who is (a) severely and permanently mentally or physically disabled, and such disability existed prior to the child reaching the age of 18 or the age of 19 if the child met the requirements of clauses (i), (ii), and (iii); (b) unable to live independently and support himself; and (c) residing in the home of the parent seeking or receiving child support."

So, the support obligation ends at age 19 unless the parents agree otherwise, or your son has a qualifying disability.

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