QUESTION

In my divorce decree it states my ex is obligated to pay child support until our daughter reaches the age of 18 or becomes able to self support

Asked on Aug 01st, 2014 on Family Law - Virginia
More details to this question:
He indicates he's done paying me now. She doesn't turn 18 until october2. But he says because she leaves for college on August 20th he's done paying me now. Is he able to just stop or still obligated according to our divorce decree and who would I contact about him stoping payment. The decree specifically states" effective and beginning June 1, 2012 plaintiff shall pay defendant child support in the amount 700.00$ per month June 1,2012there after until child support shall terminate on the first to occur of jasmines 18 birthday, the death of the child, the child married, child enter military or emancipation as evidenced by self support and living away from home, however support will continue to be paid for a child over the age of 18 who is full time high school student not self supporting, living in home of party aeeking or receiving child support until such child reaches 19 or graduation high school which ever occurs first". Can he just stop or still owes til October 2, 2014 turn 18.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
I actually had this very issue come up in a case I handled recently - where the child started college at age 17.  I was arguing the other side - the position your husband is taking - because I said the child was no longer living at home, so why should the mother continue to get support for a child who is not in her custody.  But I LOST.  I was shocked, but the judge agreed with your position.  However, that was just one judge in one court and I think this is a pretty open-ended issue.  There is no law about it that I am aware of, other than the one you cite to.  But that statute does not address this issue of children who are not actually living at home.  Ordinarily when a child no longer lives at home, support for that party ends.  To add insult to injury in my case, the father was also already paying a portion of room and board at the college, so he was basically being required to support TWO homes for the child. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Aug 03rd, 2014 at 8:56 PM

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