What happens if a child graduates @ 17 and is not self supporting?
If the child has graduated, the last support payment will be the month of their 18th birthday, provided there are no arrears, in which case the support payments will continue until they are satisfied. With that said, if the 17 year old is one of multiple children included in a support order, you would need to file a petition for modification once the child turns 18. The court will recalculate the child support based on the remaining children and the then present incomes of the parents.
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Anneshia Miller Grant
Garrett Law Group, PLC
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Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
Divorce / Separation Lawyer
Virginia law provides in relevant part that both parents owe a duty of support to their "minor"children. If a child is 17 and has graduated from high school, he/she is still "a minor child." The reason the statute refernces age 18 or 19, respectively, is to account for children attending school with late birthdays. In other words, the support stautue implicitly extends the age of minority to 19, which accounts for a child with late birthday who may not graudate from high school, until age 19. However, the converse is not true. If a child is below the age of majority, and has graduated from high school, the law does not de facto emancipate the child, which would result in relieving a parent of the duty of support. Avvo offers only general information and NOT legal advice. No lawyer can offer proper legal advice with first meeting with a client to obtain a complete legal history. Please contact an experienced family lawyer to obtain the best legal advice for your particlar sitation. Best of luck~
This response is only intended for informational purposes and is not intended as legal advice or as a substitute for hiring an attorney in your state. Further, by sharing this information, it is in no way intended to establish an attorney client relationship with the reader.