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 child support will continue to be paid until the child turns 19 or until the child graduates high school, whichever event comes first. Child support may be further extended if the child is severally physically or mentally ill and if this illness previously entitled the child to child support before his/her 18th birthday.
In the case the child 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 child support.
In the event of over payment after child support 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 child support. On the other hand if a parent does owe arrears then under Virginian law the withholding of the termination of child support 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 child’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 child support 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 child support 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 child support 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 child support services and returned to the district office that manages the case. This will not affect the parents’ obligatory child support payments.
If you need a Virginia Child Support lawyer to help you with your Child Support case in Virginia, call us at 888-437-7747. Our Virginia Child Support attorneys can help you.