Many people assume that child support payments end when the child reaches 18 years of age. Although this is true in many cases, there are some specific exceptions to bear in mind.
Extensions Beyond 18 Through Divorce Agreements
The terms of a divorce decree may extend the period of time for child support beyond the child’s 18th birthday. This will be negotiated during the divorce, so it should not come as a surprise to either party. It is important to note that while the duration of child support may be extended, an agreement cannot be made to end child support before the child turns 18.
Virginia’s Exception: High School Attendance
In 1992, Virginia legislators adopted a law that provides for child support to continue until the child graduates from high school or turns 19, whichever happens first. As long as the child:
- Is a full-time high school student,
- Has not yet turned 19, and
- Lives with the parent seeking support,
child support must continue to be paid.
Child Support for Incapacitated Children
If the child is crippled or incapacitated and unable to earn a living, child support must continue as long as the condition persists. This applies only if the incapacitated child lives with the parent seeking child support. If the child’s condition improves after their 18th birthday, the child support may be reduced or discontinued.
Emancipation: Ending Child Support Before 18
A child may become emancipated, which can result in the end of child support before they turn 18. Emancipation means the child is legally free from the care, custody, and control of their parents. A child over 16 who marries, joins the armed forces on active duty, or becomes completely self-supporting while living apart from their parents may be considered emancipated.
Conclusion
Child support is often a contentious issue in a divorce, and both parties are keen to understand its amount and duration. If you are contemplating divorce or are already divorced and have questions about child support, the experienced attorneys of DiPietro Family Law Group are here to help. Contact us today by calling (888) 530-4374 to schedule a consultation.