When Do Your Child Support Obligations End in Virginia?

Navigating child support obligations in Virginia can feel like a maze, leaving many parents frustrated and anxious about when these payments will finally end. The emotional and financial strain of supporting a child can weigh heavily, especially when you’re unsure about the milestones that signal your responsibilities’ conclusion. Many parents grapple with the uncertainty surrounding their obligations, particularly as they relate to their child’s age and educational status.

Whether you are a custodial parent feeling the pressure of ongoing expenses or a paying parent eager for relief, understanding your rights and responsibilities is essential for navigating this challenging aspect of family law. At Randall & Bruch, PC, our experienced family law attorneys recognize the complexities surrounding child support obligations in Virginia and are here to guide you through your journey. We can help clarify one of the most common questions we hear: When does child support end?

Circumstances Under Which Child Support Payments Continue Past the Age of 18

In Virginia, child support obligations typically end when a child reaches the age of 18 or graduates from high school, whichever occurs later. However, there are certain circumstances in which child support may continue beyond these milestones, including:

Education Expenses

Parents are still responsible for paying child support if the child is still attending high school on their 18th birthday and is reasonably expected to graduate by the age of 19. If the child does not have a reasonable expectation of graduating prior to his or her 19th birthday, child support ends on the child’s 18th birthday.

Special Needs

If the child has special needs and requires ongoing financial support due to physical or mental disabilities, child support may continue indefinitely or for an extended period as determined by the court. A parent can motion the court for additional years of support, or the court may have ordered it in the original divorce proceedings.

Agreement Between the Parties

Parents can also agree to extend child support beyond the typical cutoff date if they both consent to this extension. Some parents choose to set an age for when child support will cease, for example, on a child’s 25th birthday.

As for the child support amounts that parents must pay, parents can agree to a certain amount, so long as the judge allows it, or they can follow Virginia’s child support formula, which exists to calculate the amount of child support that a child should receive considering a variety of factors, including:

• The parents’ income
• The custody arrangement
• The child’s health needs
• Potential disabilities

It is important to note that every situation is different, and specific circumstances can impact the duration and amount of child support obligations.

How Can You Change Your Child Support Order?

If you have an unexpected change in circumstances, such as being laid off or your spouse having a higher paying job or otherwise coming into more money, either spouse can petition the court to increase or decrease child support. You will be required to complete an updated financial affidavit.

The unexpected change in circumstances cannot be your fault. For example, the non-custodial parent cannot quit a job and expect the court to lower child support. You will be expected to find other work and keep up with your child support obligations.

What Circumstances Can Lead to the Early Termination of Child Support Payments in Virginia?

In some cases, your child support obligations may end prior to a child turning 18 years of age, including:

Emancipation

If a child enters military service or marries prior to the age of 18, he or she becomes emancipated, and it is assumed that the child can support himself or herself. Your child support obligation may end upon petitioning the court.

Mutual Agreement

In some cases, parents may agree to end child support because of changes in parenting time or because one parent may not need support from the other parent who has a hard time keeping a job due to valid reasons such as medical issues preventing the non-custodial parent from working or because the non-custodial parent retires.

Material Change in Circumstances

Either parent can petition the court to end child support prior to the child’s 18th birthday in the event the non-custodial parent has a material change in circumstances, such as injuries that prevent him or her from working or because the non-custodial parent was convicted and sentenced to prison.

Change in Custody

In some cases, child custody can change. The non-custodial parent may become the custodial parent, or the non-custodial parent may wish to give up their rights to the child and allow an ex-spouse’s new spouse to adopt the child.

Termination of Parental Rights

The court may terminate the parental rights of one or both parents. If the court terminates your parental rights, you are no longer responsible for child support. However, you also have no right to visit the child or make decisions on the child’s behalf.

Do I Need a Family Law Attorney?

In many cases, ending child support prior to the child’s 18th birthday or graduation from high school requires a court order. Modifying or terminating child support is rarely in the best interest of the child except under certain circumstances; thus, these cases can be complex. An experienced family lawyer can guide you through the process and help develop a solution if you are in arrears.

Why Clients Choose Randall & Bruch, PC

Family law issues, especially child support, can be complex. An experienced child support attorney at Randall & Bruch, PC, can guide you through the child support process.

Testimonials

“I would like to thank the law firm of Randall and Bruch, for a job well done. The awesome customer service, great professionalism, and communicated with me very well from start to finish. They got me the best outcome I could have expected and I am very pleased with the service they provided. I like to give special thanks to Tracee Williams. You are awesome. This young lady kept me on top of everything that was going on, day and night. Attorney  Carol Zacheiss, thank you so much. Lori Stevens, Kimberly Collins, and staff, keep up the great job. I definitely will let my friends,  family,  and associates know to contact your office if in need of an Attorney.” – John C.

“Mr. Randall and his staff have been so professional and helped us though our legal matter Always got back to us within a timely manner for all our questions and believe me we had a lot .I would recommended this law firm .Very friendly staff and Great A Lawyer Mr. Randell. Thank you So much.” – Marcia P.

“Mr. Randall and his team provided excellent legal support during my case. He was extremely responsive, provided helpful guidance and prepared me well for my day in court. Best of all, he helped me achieve the result I wanted and needed. He was professional, kind and all around excellent. Would give 10 stars if I could!” – Chrystie S.

Take Control of Your Child Support Situation

You can usually assume you will pay child support until your child graduates from high school.  Knowing that state laws allow for very few exceptions, a child support lawyer can help you through the process of determining child support and helping you avoid or handle arrearages. Contact an experienced family lawyer at Randall & Bruch, PC, by calling 757-742-6115 or completing our online contact form.