Bridgeport, WV asked in Divorce, Family Law and Child Support for Virginia

Q: This past June my daughter turned 18 here in the state of Virginia. She graduated from High School in May.

This past June my daughter turned 18 here in the state of Virginia. She graduated from High School in May. She moves into her apartment next month (Sept). I am veteran and my daughter will be going to school on my GI Bill and Virginia disability Dependent College program. Her mother has indicated that she is going to take me back to court for more child support. I have NO arerage and no back child support. ALL child support was always paid on time. The last three years I did make more money about 24% - 26% more annually - she feels she wants me to pay more because of this. I never mentioned it as I put thousands of dollars away for my daughters education and her first car. I opened an bank account and placed money into it for her, when she turned 16 I purchased a car for her so she would have transportation to her first job while in high school. Can she come back to me for more money after the fact? Additionally, I still give money directly to my doubter monthly for college

1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Glen Allen, VA
  • Licensed in Virginia

A: Child support in Virginia can only be awarded retroactively to the date that the petition was filed in the case of an original determination, or when motion to modify was filed and served on the payer parent in the case of an attempt to change support. The fact that a parent earned more during a period when there was no motion pending is irrelevant. Unless a child has certain special needs that render him or her unable to support himself or herself independently, child support terminates at age 18, or the earlier of graduation from high school or age 19 when the child still resides with the custodial parent receiving support.

Anyone facing a child support proceeding should consult with an experienced Virginia family law lawyer.

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