In Virginia, the United States of America child support is obligatory until the child reaches the age of emancipation. If the child is still enrolled in high school by the time he/she turn 18 then child support must continue until the child’s 19th birthday.
Child support payments in Virginia are usually until the child becomes 18. However, there are exceptions to this. When the child reaches the age of 18 and (1) is still enrolled in high school and has not graduated yet, (2) is not self-supporting, (3) and is still living in the home of the parent(s) paying for the child support. In any of these cases juvenile maintenance will continue to be paid until the minor turns 19 or until the minor graduates high school, whichever event comes first. juvenile maintenance may be further extended if the minor is severally physically or mentally ill and if this illness previously entitled the minor to child support before his/her 18th birthday.
In the case the minor is 18 and graduating high school soon, theoretically speaking nothing needs to be done because the order specifically states that the support should be done by that time. However, due to the vast amount of cases the DCSE handles, it is usually better if the parent doesn’t put most of their reliance on the DSCE. So the best thing is to file a motion to terminate juvenile maintenance.
In the event of over payment after juvenile maintenance has supposedly ended the getting that money back is no major hassle.
If the parent is up to date on all payments and does not owe any arrears, then it might be useful to contact the DSCE to make sure that everything is in place for the termination of juvenile maintenance. On the other hand if a parent does owe arrears then under Virginian law the withholding of the termination of juvenile maintenance is furthered until all necessary payments are made.
If the parent wants to be extra cautious then they can file a motion for the termination of the support just prior to the previously set date of the minor’s 18th birthday. If there is an arrear balance the motion could be filed to terminate current support, determine arrears and set arear payments. If there are additional children whom have not yet reached the age of 18 and are covered in the same juvenile maintenance order then a new motion should be filed. This motion is to recalculate the support based on one or less children.
Closing the case will not necessarily terminate the juvenile maintenance order or any arrears that have accrued under that order. In some cases in Virginia there might be request for case closure document, provided by the division of juvenile maintenance enforcement in the department of social services in Virginias Commonwealth, might be filed out. The form must be completed only by the person who applied for juvenile maintenance services and returned to the district office that manages the case. This will not affect the parents’ obligatory juvenile maintenance payments.
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.