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Is Child support paid a month ahead or behind?

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imsasy2u

Junior Member
My son is 18, I live in VA, he graduates this Friday, June 5th. In VA the child support is paid until child is 18 or graduates. Child support is due on the 1st, no later than the 3rd. Dad usually pays by the 3rd, no deposit yet -- does anyone know if this is paid the month ahead or the month behind? Court order is kind of vague, states "will pay $____ on the first day of each and every month thereafter until further Order of the court. That beginning 8/1/2010 as previously ordered on 8/30/2010. To me, that states he basically pays by the 1st for that month, meaning they would be paying one more child support payment?

Is anyone else interpreting that incorrectly? We have nothing in our Order about pro-rating and have never really heard of that in Virginia.
 


Zigner

Senior Member, Non-Attorney
My son is 18, I live in VA, he graduates this Friday, June 5th. In VA the child support is paid until child is 18 or graduates. Child support is due on the 1st, no later than the 3rd. Dad usually pays by the 3rd, no deposit yet -- does anyone know if this is paid the month ahead or the month behind? Court order is kind of vague, states "will pay $____ on the first day of each and every month thereafter until further Order of the court. That beginning 8/1/2010 as previously ordered on 8/30/2010. To me, that states he basically pays by the 1st for that month, meaning they would be paying one more child support payment?

Is anyone else interpreting that incorrectly? We have nothing in our Order about pro-rating and have never really heard of that in Virginia.
It seems to me that he owes for 5 days of June.
 

CSO286

Senior Member
It seems to me that he owes for 5 days of June.
Most states DON'T pro-rate, meaning that the NCP will USUALLY owe support for the month in which the emancipating event (graduation, aging out, military enlistment, marriage, even death, whatever it happens to be) occurs.

So if 18 year old junior graduates June 2nd, then the NCP would *typically* owe for the full month of June, unless the court order specifically addresses emancipation otherwise.
 

Zigner

Senior Member, Non-Attorney
Most states DON'T pro-rate, meaning that the NCP will USUALLY owe support for the month in which the emancipating event (graduation, aging out, military enlistment, marriage, even death, whatever it happens to be) occurs.

So if 18 year old junior graduates June 2nd, then the NCP would *typically* owe for the full month of June, unless the court order specifically addresses emancipation otherwise.
I suspect the order says something like: "Child support ends on the later of the child's 18th birthday or when the child graduates from high school." If so, then it seems to me that 5 days of support is owed. Both legally and morally.
 

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