The law in the state of Virginia, unless a court incorporates an agreement which provides otherwise, makes it the duty of both parents of a minor child to pay child support despite being either married or divorced. Child support is most common among a case of divorce or a case of the parents have not gotten married before and during the lifetime of the minor child.
In the case of the unwed father, the court would order that a non-custodial parent grant juvenile support. In a shared custody situation, the court will consider the circumstances and conditions the lifestyle of both parents, for instance, the income of both parents, the shared expenses, and the amount of time each parent has guardianship. Depending on these factors that the court reaches an amount that one parent is obligated to pay the other parent on behalf of the minor.
The child must keep receiving child support payment from his/her parent until the child exceeds the age of 18 or in some situations until the age of 19 as long as the child is:
- A full-time high school student
- Not self-supporting
- Living in the home of the parent receiving the juvenile support payments
There are some situations where the parent continues to provide child support in accordance to the laws of the state of Virginia regardless of the fact that the child has surpassed the age of 18. Cases as such are due to:
- The minor being severely and permanently mentally or physically disabled, but strictly if the disability existed during the period when the minor was receiving juvenile maintenance payment and not after the minor reached his or her 18th birthday.
- The minor is incapable to live independently and to support himself or herself economically.
- The minor is still residing in the home of the guardian obtaining or pursuing juvenile maintenance.
Nevertheless, guardians are also capable to come to their own settlements concerning the amount of payment the minor receives and the specific duration of the juvenile maintenance payments. However, the court will always rule in the best interest of the minor. For instance, particular parents tend to cover their minor’s college fees if their income allows doing so and other guardians manage to support their minor even through their early years of adulthood or until him or her are able to support himself or herself independently and no longer requires the guardian’s financial support. This has been a practice in the court of the state of Virginia.
However, the guardians don’t always have to go to court to obtain a juvenile maintenance order. In most cases, all that has to be done is file an application for juvenile maintenance with Virginia’s DCSE. The court-mandated system of juvenile maintenance is simply mostly due to one guardian has violated or profoundly disagrees with the DCES’s juvenile maintenance order. The application to the DCSE juvenile maintenance is a fairly simple process, the guardian applying has to provide the system with some personal and legal documents and the DCSE proceeds by asking several questions such as if the guardian is in the process of getting a divorce and/or if the guardian is receiving juvenile maintenance through another state or a collection agency.
If you need a Virginia Child Support lawyer to help you with your juvenile maintenance case in Virginia, call us at 888-437-7747. Our Virginia Child Support attorneys can help you. C