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children living at home going to college?

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What is the name of your state? My state is California, but My g/f children are Virginia . While having a discussion with this g/f she told me she had heard her ex may owe child support after her daughter is 18 and going to college as long as the mom is still supporting her? In other words (In case I am not asking this correctly) My friend has a daughter and she gets support this child who is almost 18 and will probably still reside with her mom and step father after graduation and attend college. Is there any law or code known that says child support will continue b/c the child or now adult if 18 will still get support? I am not sure if this case was in Virginia or here in california.. My point to her was if that were the case and unless an age limit was set then child support could go on forever!!! someone else mentioned this to me before as well? You guys have been pretty reliable as far as helping me and I want to be able to settle her notion that she can get child support even though the child is 18 and graduated H.S, maybe she can get it? If you know of a code or law I can throw her way that would be great..
Another point is , could a parent ask the other for longer support for this reason? and if so does anyone know if a judge is likely to order this support?
This is the same person who said she didn't think a judge couldn't change the date.. ie: nunc pro tunc and I had to show her she was wrong. Thanks
 


O.K so can the mother go back to court and ask for extended support if child is going to college? I guess anyone can ask anything but is this a normal thing or does it happen? Maybe someone has had to do it?
It was rumored to me that a parent can get support until the child of the parents reaches 21 as long as this child is going to school full time? i guess there would be a lot of factors also , like if the child had a part time job etc... Maybe this is just one of those things you have to file to find out?
Thanks
 

BelizeBreeze

Senior Member
Theresalee said:
O.K so can the mother go back to court and ask for extended support if child is going to college? I guess anyone can ask anything but is this a normal thing or does it happen? Maybe someone has had to do it?
It was rumored to me that a parent can get support until the child of the parents reaches 21 as long as this child is going to school full time? i guess there would be a lot of factors also , like if the child had a part time job etc... Maybe this is just one of those things you have to file to find out?
Thanks
The mother can file to modify the support order at any time up to the child's 18th birthday. But, in the scenario you describe, it's very unlikely to succeed and will probably be seen by a judge as baseless.
 

rmet4nzkx

Senior Member
However if the child is not yet 18 the custodal parent can petition the court to modify the child support agreement to exend the child support agreement while the child is in college, the CP will have to show how this is in the best interest of the child and may cover part of the college expences. That does not meant that the court will automatically order this, and this applies to Virginia not to California since you were not sure. Virginia Agreements extending support would be upheld although the statutory age of majority is 18. McCaw v. McCaw, 403 S.E.2d 8 (Va.App. 1991).

VIRGINIA CHILD SUPPORT: Child support may be ordered to be paid by either parent, and is based on a consideration of the following factors: (1) the financial resources of the child; (2) the standard of living the child would have enjoyed if the marriage had not been dissolved; (3) the physical and emotional conditions and educational needs of the child; (4) the earning capacity of each parent; (5) the age and health of the child; (6) the division of marital property; (7) the monetary or non-monetary contributions of the parents to the family's well-being; (8) the education of the parents; (9) the ability of the parents to secure education and training; (10) the income tax consequences of child support; (11) any special medical, dental, or child care expenses; (12) the obligations, needs, and financial resources of the parents; and (13) any other relevant factors. Official child support guidelines are provided in the statute, which are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances of the case based on the factors above (1-13) and the following additional factors: (1) support provided for other children or family members; (2) custody arrangements; (3) voluntary unemployment or under-employment, unless it is the custodial parent and the child is not in school and child care services are not available and the cost of child care services are not included in the computations for child support; (4) debts incurred during the marriage for the benefit of the child; (5) debts incurred for the purpose of producing income; (6) direct court-ordered payments for health insurance or educational expenses of the child; and (7) any extraordinary capital gains, such as gains from the sale of the marital home. [Code of Virginia; Title 20, Sections 20-107.2, 20-108.1, and 20-108.2].
 
Thank you!! My friend was so sure she was positive her ex would have to pay if her 18 year old was still at home. She has 3 kids and 2 are from Virginia and the one thats 18 may have been ordered in Arizona? I'm not even sure were they all come from LOL... This woman has been through a lot of court stuff with her kids and 2 fathers.. So if this mom is considering this she should do it before her child turns 18? Only I don't see how since no one knows what type of job she may get and I don't see why her income wouldn't come into it all?
I have another question? I'm not sure if it can be answered though... What if one parent as no income or very limited income and can't work due to disability or mental illness. The other parent that shares or has physical custody makes a lot of money or at least more then enough to support the kids, but this other parent can hardly support themself under circumstances out of their control. Would they be ordered to pay child support? Or has anyone ever heard of a case were the other parent that didn't have physical or maybe shared custody didn't have to pay child support? I had heard there is a set minimum?
This was something we wondered together assuming that no matter what both parents share in supporting the child, which I do agree with but was wondering if the above has ever happened or could?
Thanks for the other info, I love it when you guys post the laws and or codes, not that I don't believe you but it's something I can go back to and tell others its in writing!! If you understand what I am even saying? Thanks again
 

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