Q: Can Virginia make you pay child support for a child over 18 if they have disability?
My fiancees son never received disability as a child and applied on his own and got it and is his own guardian and moved out of his mother's house and they still want him to pay her child support.
A:
Under Virginia Code Section 16.1-278.15, child support may be ordered to continue for an adult child in the following circumstances:
"...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. Upon request of either party, the court may also order that support payments be made to a special needs trust or an ABLE savings trust account as defined in § 23.1-700..."
Anyone interested in a child support case in Virginia should consult with an experienced Virginia family law lawyer.
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