Gainesville, VA asked in Child Support and Divorce for Virginia

Q: Can the length of child support payments be shortened until just 16 if my wife and I agree in a separation agreement?

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1 Lawyer Answer
Michael Christopher Miller
Michael Christopher Miller
Answered
  • Vienna, VA
  • Licensed in Virginia

A: Can you and your wife make that agreement? Yes.

Will the court enforce the agreement if someone chooses to violate, e.g., your wife seeks child support past age 16? Probably not.

Parties cannot contract away the power of the courts to protect the welfare of children. Child support is for the welfare of the children. Therefore, you cannot agree to prevent the court from ordering child support.

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